How does "accomplishment of god" clause work contained by the following?
A new reinforcing system for building frames increases wind-resistances of the buildings from 85mph to 120 mph, and costs around the same to build the property owners building near. The property owner is aware of the new reinforcing method, but the Building Contractors all discard to grant the property owner's requests, and constructs the buildings with 85mph resistant frames, which achieve knocked down by a tornado/hurricane before the Building Contractor's warrantee expired.
How would the "exploit of god" clauses in the Building Contractor's warranties and the building owner's insurance company's policies work within this realistic scenario?
The "act of god" is the tornado/hurricane which knock down the building. Most insurance companies cover acts of god within the lingo of their policies. Generally, contractors are not held accountable for acts of god as their contracts defer that liability to the insurer.
I estimate you are looking for negligence on the part of the contractors since better building materials were available, but the contractors refuse to use them.
It would be a lengthy and costly lawsuit as you would have to prove the velocity of the bend was less than the 125mph when respectively building was knocked down; and, also, the difference contained by damages caused to each building between an 85 mph and 125 mph crisscross.
So, you would have to figure 3 variables:
1. How much vandalize was caused by 85mph wind?
2. How much damage was cause by 86 to 125 mph winds?
3. How much damage be caused by those winds within excess of 125mph?
Only then could you access how much each owner be damaged by not having the better framing system. Or, how much disrupt the new system could not prevent.
Answers: Wind would be a covered peril in the homeowners or commercial property policy. The owners insurance will salary for the damages caused, less the deductible and if the insurance company feel that there was any show disapproval on the part of the contractor, they would subrogate against him. But, they would have to know surrounded by advance that there be a "better" building system that was available and approved by city building codes. If the building practices were still "experimental" at the time of construction, I doubt they would find criticize with the builder.
Sorry, but I purely have to say this....There is no "exploit of God" clause in any insurance policy that I have read.
There might be surrounded by the warranties you talk in the region of, but not in any insurance policies. I have be a claims adjuster for 20+ years and have read dozens of policies and have never see it anywhere.
You don't state what the "act of God" clauses ARE within the building contractor's warranties.
But I can tell you, in that ARE no act of God clauses in an insurance policy. It's not an insurance phrase.
There would be discounts on the crisscross premium, potentially, if the stronger materials are used. But as long as the building is up to local code at the time of construction, the difference in materials would only effect rates, not coverages.