Insurance Companies and the landscaping Industry

As traditional landscaping techniques creep into suburban areas or more often suruban areas creep into ex agricultural areas with elements of traditional landscaping maintained as features as prescribed by planning authorities and quite rightly. There is an increasing problem with the insurance implications. The following is an example of such a problem:Further from the retaining wall failure blog, the recent spell of enquiries with regards remedial operations to older and some newer structures has also highlighted another more significant problem with traditional and sustainable landscaping practice.November's rainfall resulted in 12 enquiries to ourselves with regards wall collapse all but one were dry stone structures. (It is important to note that there were a huge amount of mortared and block walls which collapsed in this period, but this is not our field.)Of the 11 remaining walls, 7 of the householders concerned went to their insurance companies - 4 of the insurance companies were happy to pay, following a visit from an assessor. 2 of the walls the remedial operations were small enough to almost match the excess and as such the insurance was not needed.The final wall, which was initially a very well made structure, albeit smothered with Ivy was part retaining, (800mm),

but largely a free standing structure, built from metamorphic stone, which although related to the slate formations of Cornwall is substantially stronger and is more often located in the more post industrial areas of the county. (This wall is found within 3 km of the heartland of the tin mining zone). Built in the late 19th to early 20th century it was a serious piece of workmanship. The retaining element is all important here, as the garden level has probably risen considerably during this period. As such it soaked up much of the heavy rainfall, with little drainage. Consequently near the roots of the magnolia the stone was weakened in an already susceptible place and as surface water flooded through the expanding gap it allowed the horizontal plane stones to effectively 'float' out of position. The photo clearly shows the result and the reality that the wall is at real risk of further collapse. The wall is in a poor state in general and as such several factors can be attributed to the collapse. Subsequently the assesor was able to list a few factors; it only takes one possible factor for the claim to be dismissed.The point of the above example is twofold:Firstly during liaison with both the assesors involved both stated that they didn't really know about such walls. This isn't surprising as the geotechnical data is scant and any resulting guidelines filtered down to practitioners is very basic. After all with most land based traditional techniques the BTCV handbooks have remained the standard for the past 20 years, I am not critisicing these handbooks, which are excellent, but it is just meant to be a simple guide and not representative of the huge variety of styles resulting from differing techniques honed across the diverse geography of the UK and certainly not intended as a guide for the actual craftsman and woman who have the specialised regional skills. The problem therefore for the practitioners and the insurance companies is where to go for the specialist knowledge needed in determining such cases.Secondly as most of the problems related to mechanical failure in traditional landscaping skills will be the result of weather, how is it going to be possible to ensure that adequate measures are adopted into gardens in order to allow the remnants of traditional techniques to survive. At present SUDS regulations and other attempts to alleviate environmental problems rarely take account of the existing traditional structures which co exist with the concrete boom following WWII. Therefore it is paramount for new regulations to take account of this loophole.In the above it is not necessary to criticise the insurance companies, but I know of and I am sure many others have come across examples where the insurance companies have acted not out of forgiveable ignorance but actually using the highlighted problems as a means to wriggle out of paying. Bearing in mind the current potential costs to insurance companies we may see an upward trend of such decisions.Without naming any of the insurance companies who have unjustly refused payment I will state that the NFU who have an agricultural history have as far as I have seen persistently understood these traditional techniques and have been able to identfiy and insure accordingly for potential problems.Cornish Stone Walls and Hedges www.paysagedurable.com

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