Storm Work & Insurance Question

stheis004

stheis004

Participating member
Location
WI
This is a slight variation I haven't come across yet so wondering what advise anyone can offer. Here's the scenario...My customer's tree failed in a storm last weekend and is laying on his house as well the neighbors to the south. He just got his insurance sorted out and signed the work order, and I told him we'd be out Monday. His insurance will only cover what's on his property, pretty standard so far, but now is where it starts to get messy...

The lead that is on the neighbors house is still partially connected to my customers tree. Neighbor just left me a 4 minute voicemail saying not to touch anything until he gets his insurance adjuster to look at everything. I definitely won't be able to do work on my customers property without moving some of the tree in his yard given the situation....

Tree on my customers house
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That back lead is still connected to tree on my customers side of fence but on neighbors house
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I wouldn't touch it until both parties have had their insurance people document it as is. You don't want the neighbor telling his insurance company you did damage removing it that you did not do, or being sued by the neighbor for not allowing them to have their insurance company inspect it before you started, especially since they requested you not touch it until then. Let everybody do their thing. The tree is not going anywhere. The neighbor's insurance company will go after your client's insurance company for damages. You don't want anyone going after you.
 
Thanks for the reply…

I’d argue the tree is potentially going somewhere as both main leads are hanging on by a few fibers (Monday is literally the soonest I can be out). How long do you wait for neighbor to get his insurance out? This happened over a week ago now.
 
Do you really need the work? Insurance companies can be difficult at times. Some are Johnny on the spot and some are MIA hoping the HO payed out of pocket first to get the ball rolling.
 
flushcut said:
Do you really need the work? Insurance companies can be difficult at times. Some are Johnny on the spot and some are MIA hoping the HO payed out of pocket first to get the ball rolling.
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kinda, it’ll help the cause and we’ve been slowish this year
 
That one seems like quite the cluster. Around here if a tree falls from one property onto another and does damage, the HO with the damage insurance covers the removal and repair. This one though has the same tree doing damage to 2 properties. It will be interesting to see how this one fleshes out. Please keep us posted on the outcome.
 
It sounds like you don't have permission to be on the neighbor's property...in fact, you have instruction to NOT be on their property. If they want to get uptight about it, you could probably end up dealing with a trespassing situation. I'd explain that to your client, making the insurance sound like the bad guy so you aren't starting (or fueling) a neighborly fight.

Perhaps your client's insurance can push their insurance to get it going before the damage is worse??? I'm sure the neighbor is thinking your client's insurance will be paying. I'm sure your client's insurance is thinking the neighbor's insurance will be paying...
 
ATH said:
It sounds like you don't have permission to be on the neighbor's property...in fact, you have instruction to NOT be on their property. If they want to get uptight about it, you could probably end up dealing with a trespassing situation. I'd explain that to your client, making the insurance sound like the bad guy so you aren't starting (or fueling) a neighborly fight.

Perhaps your client's insurance can push their insurance to get it going before the damage is worse??? I'm sure the neighbor is thinking your client's insurance will be paying. I'm sure your client's insurance is thinking the neighbor's insurance will be paying...
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Good thought, it sounds like neighbor does understand my customers insurance is only covering the one property but obviously isn't happy with that. I called him back but had to leave a voicemail of my own.

We shouldn't really need to be on neighbors property at all, planning to use our k-boom, I believe we can cut piece free and set it down if it comes to that.
 
Are you having any conversations or just voicemails with the neighbor.

Can you get started on your customer's property without affecting the rest?

Might motivate the neighbor to get through to the agent. Might motivate the neighbor's agent to move things along?

Is either house punctured? Rain in the forecast?
 
After a bit of phone tag I was able to have a conversation with the neighbor and think we're actually on the same page for what we're planning on doing. Originally I was thinking we would secure, cut and lower the branches to the ground so we could finish the spar but now we will leave those and just need to go back to remove the last 10' of spar after those branches are removed. It's a tangled mess, but I believe we should be able to get what's on our customers house off and leave what's still connected, resting on the neighbors untouched.

It's a dense canopy and hard to tell if either house's roof is punctured from when I was out providing the quote from the ground. Possible rain in forecast and it doesn't sound like neighbor has even contacted his insurance yet. He's really believing responsibility is on my customer because the tree is still connected and that he told him the tree was rotten 3 months ago so I think we'd be waiting a long time before his adjuster get out.
 
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stheis004 said:
..... He's really believing responsibility is on my customer because the tree is still connected and that he told him the tree was rotten 3 months ago so I think we'd be waiting a long time before his adjuster get out.
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Even if your client's insurance is paying, neighbor should be contacting their own insurance so they can work insurance vs. insurance instead of neighbor vs. neighbor, right?
 
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ATH said:
Even if your client's insurance is paying, neighbor should be contacting their own insurance so they can work insurance vs. insurance instead of neighbor vs. neighbor, right?
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Yes, but neighbor is convinced its not his or his insurance's problem so hasn't. I was able to get about 30 seconds in during the 20 minute phone call if that tells you anything.
 
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I had our k-boom operator check things out this afternoon and he made the call that we can't guarantee doing this as hoped without possibly moving the neighbors side so we will wait until this plays out. Reality is with how the tree fell, the neighbors side needs to be removed first :rolleyes:

It sucks because our customer has to deal with tree on his house that much longer but it's not worth possible legal mess that could potentially ensue.
 
How about getting everybody to sign off on access take pictures up the ass and video everything. Remove the tree and bill your customers insurance for the whole thing. And when it comes down to the repair of the houses their insurances can duke it out. I have always been of the impression the HO needs to take steps to insure there is no further damage to property after initial damage has occurred.

Is the neighbor a transplant from Illinois? Maybe showing them prof the responsibility ends at the lot line “act of nature”.
 
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