Incorrect opinion!

I had flood damage where my retaining wall damaged my neighbours property. Flattened his garage, his Wendy house etc. He graciously agreed to allow the repairs to be conducted through his property but the property must be re instated as it was prior to the repairs. Discovery under my cover removed a number of costs associated to this citing it would be covered under liability and the P&G’s needed to be removed about R**** was removed from my settlement. After a number of months I get an email from “Mathapelo Bokaba the Legal Liabilities Advisor” stating “We are of the opinion that the abovementioned incident was as a result of a “superior force” also known as an Act of God (vis major), by definition: “Risks beyond the reasonable control of a party, incurred not as a product or result of the negligence or malfeasance of a party, which have a materially adverse effect on the ability of such party to perform its obligations, as where non-performance is caused by the usual and natural consequences of external forces (for example, predicted rain stops an outdoor event), or where the intervening circumstances are specifically contemplated.” The damage to the third party’s property was caused by circumstance outside of insured’s control and therefore they can’t be held liable for this incident.”

This makes no sense as the property was damaged by 1) my retaining wall 2) by the work done to re instate my retaining wall.

Surely as Discovery refused my P&G’s stating it would be covered under liability this would be that case.

All I can say is poor show discovery!!