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Angus farmers wait seven years for settlement of flooding claims

There have been problems with flooding on the A92 in the Ardestie area.
There have been problems with flooding on the A92 in the Ardestie area.

Angus farmers have spent seven years waiting in vain for insurance claims for the loss of their crops to be settled, a council report has revealed.

Five landowners in the Ardestie area near Monifieth blame water run-off caused by flooding on the A92 for the damage.

The dual carriageway from Dundee to Arbroath was built by Claymore Roads, and its contract with the council means it remains responsible for its operation.

A report to be considered by councillors this week says the farmers believe the flooding was a result of the roadworks and they want compensation.

It adds: “There have been a number of occasions on which the eastbound carriageway has been inundated during periods of very heavy rainfall, to the extent that the carriageway has been closed in the vicinity of Ardestie.

“In terms of the A92 contract, the project and the project works are insured by a joint insurer on behalf of both the council and Claymore Roads.

“Therefore, in these five cases, the matter has been passed to the appointed insurers to allow them to deal with the claimants directly.”

The claims were lodged in 2007 and the insurers have told the council they have still not received adequate information to allow them to consider the terms of the claim.

“As a result, these claims have not yet been resolved to the satisfaction of the landowners,” the report explains.

The council is contacted occasionally by the landowners or their agents seeking an update regarding their claims. They have been told they must deal directly with the insurers.

The report says: “These matters must be left to be dealt with between the insurers and the claimants as any compensation due, if any, would be met from the insurance policy.”

The council’s roads division staff are currently in talks with Claymore Roads to see if they can ascertain the cause of the flooding and if anything can be done to minimise the risk of future road closures.