Storm damage courtesy

Jem4417

Well-Known Member
#1
Anyone have any courtesies you can do when your tree falls on your neighbors house and it falls under an act of god as deemed by the insurance companies. Paying any of it is trying to be avoided.
 

Baja Mike

Active Member
#2
If it was my tree I would feel responsible and take responsibility for the action my property had caused act of God or not.
I try to treat others as I would want to be treated.
 

Jem4417

Well-Known Member
#3
That’s very nice of you mike but my client has been told they aren’t liable because that is the way the rules are written but would still like to contribute. Their flirting with half but thousands of dollars are in the air. It’s an uneasy subject but their interests are mine and I‘m hoping for a solution that doesn’t burden their financial situation
 

flyingsquirrel25

Well-Known Member
#6
I have had clients pay for the clean up of the tree and/or the neighbors deductible. If the neighbor was insured their insurance company will cover the rest of the repairs (unless of course they have some cheap a$$ in’s co). The insurance laws are written this way for a reason and it would be difficult to get them to think/do otherwise. But Tom is right if they are uninsured it throws a completely different light on the situation morally, but not necessarily legally.
 

deevo

Well-Known Member
#7
In Canada, well here in Ontario if your tree falls on your neighbours house their insurance pays for it since it’s on their house, not where it originally came from. There have been cases I’ve had to do arborist reports for that the insurance company went after the owners of the tree(S) if it was a big $ loss claim.
 

Tom Dunlap

Here from the beginning
#8
The property line separates insurance policies. The insurance companies have had that policy for a longggggg time

An agent of mine explained it this way

After a windstorm there's a willow branch that busted the roof. I go on an extensive search and can't even find a willow. Who pays? No owner found. Hence, property line jurisdiction
 

Stephen Moore

Well-Known Member
#9
In Canada, well here in Ontario if your tree falls on your neighbours house their insurance pays for it since it’s on their house, not where it originally came from. There have been cases I’ve had to do arborist reports for that the insurance company went after the owners of the tree(S) if it was a big $ loss claim.
What you may not know is that in some cases when a tree falls in the neighbors home, the neighbors insurance typically covers the cost of removal off the house and repairs to the house but in many cases not clean up and removal of tree, that has to do with the policy. As well, an adjuster may hire an arborist to assess the tree to decide if they have cause to recover the funds payed out from the tree owners insurance company. Most of that happens behind the scenes- you and the tree owner likely won’t know that the 2 insurance companies are settling. In some cases, especially around here, the two homes are insured by the same company! In which case it’s a no brainer the insurance company is stuck.
 

deevo

Well-Known Member
#10
What you may not know is that in some cases when a tree falls in the neighbors home, the neighbors insurance typically covers the cost of removal off the house and repairs to the house but in many cases not clean up and removal of tree, that has to do with the policy. As well, an adjuster may hire an arborist to assess the tree to decide if they have cause to recover the funds payed out from the tree owners insurance company. Most of that happens behind the scenes- you and the tree owner likely won’t know that the 2 insurance companies are settling. In some cases, especially around here, the two homes are insured by the same company! In which case it’s a no brainer the insurance company is stuck.
Actually not true here Stephen, is what I stated, 70% of my business is insurance work, I know 100% of how it works. If the neighbours tree falls on the other neighbours house it’s the one who’s house it fell on insurance covers it. Plain and simple.
 

ATH

Well-Known Member
#11
Actually not true here Stephen, is what I stated, 70% of my business is insurance work, I know 100% of how it works. If the neighbours tree falls on the other neighbours house it’s the one who’s house it fell on insurance covers it. Plain and simple.
Even if it was a dead tree that fell?
 

ATH

Well-Known Member
#12
I'd be very hesitant to pay the deductible from a legal standpoint. Does that imply i am accepting responsibility??? As a good neighbor I would want to do at least that...but I'd seek legal counsel before doing so...from an attorney, not an arborist.
 

Jehinten

Well-Known Member
#13
Around here it is always the responsibility of the person who's property the tree fell on. The only exception is if there was a concern with the tree and the city arborist is called out for an inspection. If he determines it is dead or dangerous, a certified letter is sent to the owners of the tree saying that it should be removed. They are not required to remove it, but at that point they will be responsible for any future damages caused by it.
 

Stephen Moore

Well-Known Member
#14
Around here it is always the responsibility of the person who's property the tree fell on. The only exception is if there was a concern with the tree and the city arborist is called out for an inspection. If he determines it is dead or dangerous, a certified letter is sent to the owners of the tree saying that it should be removed. They are not required to remove it, but at that point they will be responsible for any future damages caused by it.
Yes precisely, if there is reasonable grounds to suspect the tree was hazardous and it was known to be so, the insurance companies will duke it out.
 

Stephen Moore

Well-Known Member
#15
I’ve waited 6 months in the past to be paid out by insurance companies for jobs because of this. I will not do them anymore unless the client pays me at the end of my job. They can submit the bill to the insurance company. I’m not big enough to carry that bill for 6 months.
 

guymayor

Well-Known Member
#16
Around here it is always the responsibility of the person who's property the tree fell on. The only exception is if there was a concern with the tree and the city arborist is called out for an inspection. If he determines it is dead or dangerous, a certified letter is sent to the owners of the tree saying that it should be removed. They are not required to remove it, but at that point they will be responsible for any future damages caused by it.
Actually 30 days after receipt of cert letter, I've been told.
 
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