Tree fell down

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Latest post 05-13-2008 12:22 PM by dennis_nj. 10 replies.
  • 05-12-2008 2:33 PM

    Tree fell down

    A tree planted 5 years ago fell down on the neighbor house due to the heavy wind. The house has insurance. Should the planter need to pay the neighbor or his insurance for compensation? Who should be responsible for the damage, the planter or wind?
  • 05-12-2008 3:07 PM In reply to

    re: Tree fell down

    "Should the planter need to pay the neighbor or his insurance for compensation?"

    The "planter" is an odd choice of words here, so I gather you don't mean the homeowner of the property on which the tree was located. Why does someone believe the planter is responsible?

    "Who should be responsible for the damage, the planter or wind?"

    Unless there was something known to be wrong with the tree (that it should have withstood this "heavy wind"), I imagine the wind's to blame.
  • 05-12-2008 3:21 PM In reply to

    re: Tree fell down

    Unless the owner of the property on which the tree was planted knew or had reason to know that the tree was unsafe, then he/she should have no liability.
  • 05-13-2008 12:40 AM In reply to

    re: Tree fell down

    If the neighbor's insurance company pays for the damage, you probably won't hear anything further.

    If you do hear from the neighbor's insurance company, notifify your insurance company ASAP and do not discuss the incident with your neighbor or his insurance company. Let your insurance company handle it.

    If the neighbor starts making noise about you being responsible, notify your insurance company and do not discuss anything with the neighbor.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 05-13-2008 8:38 AM In reply to

    re: Tree fell down

    it's an Act of God... Look at it this way, you or the neighbor will have free firewood for the winter.
  • 05-13-2008 9:02 AM In reply to

    Question [=?] re: Tree fell down

    That's an interesting twist: who owns the firewood now?
  • 05-13-2008 11:26 AM In reply to

    re: Tree fell down-Follow up

    Thanks for all your replies. I should clarify the planter is the house A’s owner. He planted the Lombardy popular hedge as privacy trees 5 years ago. Of course, he never knows the tree will fell down and hit his neighbor’s house someday. Now the tress have grown up and become tall. One of the trees fell down on the neighbor house B due to the heavy wind. Both houses have their own insurance. Should the house A’s insurance cover the house B’s damage due to the tree down, that was planted by the house A’s owner or the house A has no responsibility for the house B’s damage? What is your opinion?
  • 05-13-2008 11:27 AM In reply to

    re: Tree fell down - Follow up

    Thanks for all your replies. I should clarify the planter is the house A’s owner. He planted the Lombardy popular hedge as privacy trees 5 years ago. Of course, he never knows the tree will fell down and hit his neighbor’s house someday. Now the tress have grown up and become tall. One of the trees fell down on the neighbor house B due to the heavy wind. Both houses have their own insurance. Should the house A’s insurance cover the house B’s damage due to the tree down, that was planted by the house A’s owner or the house A has no responsibility for the house B’s damage? What is your opinion?
  • 05-13-2008 12:22 PM In reply to

    Feedback [*=*] re: Tree fell down - Follow up

    Unless the owner of House A either "knew or should have known" that the tree was in danger of falling down, it would be considered an Act of God, and the owner of House B would file it under their homeowners policy.

    If the insurance co. for House B wants to investigate further as to liability, then that would be their option, but, depending on the total amount of damages, I don't know that they'd pursue it.

    Do you have some reason to believe that the owner of House A knew that there was some sort of problem with the tree? Was it diseased or damaged previously?
  • 05-13-2008 12:43 PM In reply to

    re: Tree fell down-Follow up

    This was asked and answered. Unless A had reason to know there was something wrong with one or more of the trees, it's B's problem/simple storm damage.
  • 05-13-2008 7:10 PM In reply to

    re: Tree fell down

    The part of the tree that fell on the neighbor's property belongs to the neighbor.

    The part that stayed on the owner's side belongs to the owner.

    The cost of repairing a shared fence is shared between the two owners.

    When I used to settle first party tree claims I told my insured's to get a tree removal service or chain saw and cut the tree at the fence. I paid for removal on my insured's side of the fence along with half the repairs to the fence.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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