re: My tree fell on my neighbors house

It only makes sense that the insurance for the person that receives the damage pays the claim.

Doing anything otherwise would be absolute chaos after a hurricane or tornado. It's not like it is possible to figure out from where trees and limbs were uprooted and thrown around after a large tornado goes through a neighborhood.

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even though I'm moving away in 2 months

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then def don't pay his deductible

Barf, you don't understand the whole tree situation I have with my neighbor and I won't go into all the details. Trust me, I'm an IRL good dude who's only an a-hole for just very brief moments. You'd want to hug me, not the tree if I went into all the details.

The exact same thing happened to me recently except it was more than just gutter damage. I knew i wasnt liable, but i felt the right and moral thing to do was to help them out. They are good people and have been hit with alot of shite over the last few yrs and it was worth it to me because they have always been good neighbors to us. I also had the rest of the tree cut down and to find a liscensed and insured person to get it done, i had to pay. That shite aint cheap.

I am an adjuster. I see this all the time.

LINK

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The Simon case involved claims by a neighbor for reimbursement of tree-removal expenses against the neighboring tree owner. The tree owner asserted the Act of God defense, the common law equivalent to the Louisiana civil law doctrine of force majeure, declining liability for the tree removal because it was felled by an unforeseen force of nature, or other irresistible force. The appellate court overruled the trial judge’s application of the Act of God defense and found that the defendant’s decision not to remove the tree was not caused by any act of God. The court concluded that the Act of God defense did not relieve the defendant from his responsibility to remove his fallen tree from his neighbor’s property. Although an Act of God or force majeure may have caused the tree to fall, it did not serve to divest the tree owner of his ownership of the tree. Hence, responsibility to remove a fallen tree from neighboring property rests with the owner of the tree.

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I'm sincerely trying to figure out where people are coming up with these "facts".

If a healthy tree falls on your house from a neighbor's yard, during a storm, your insurance company will pay. They won't subrogate. (although they can. Just like filing a lawsuit, they can do whatever they want. They just normally won't because they will lose)

Hell, even if a rotten tree falls on your house during a storm, your insurance will pay 99.99% of the time, and not subrogate. If you can prove you put them on formal notice of the rotten tree prior, that could change things. But almost no one does that. I guess all of this could have changed in the last few years, as litigation and the legislature can change things.

Where are people coming up with this?

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I'm sincerely trying to figure out where people are coming up with these "facts".

If a healthy tree falls on your house from a neighbor's yard, during a storm, your insurance company will pay. They won't subrogate. (although they can. Just like filing a lawsuit, they can do whatever they want. They just normally won't because they will lose)

Hell, even if a rotten tree falls on your house during a storm, your insurance will pay 99.99% of the time, and not subrogate. If you can prove you put them on formal notice of the rotten tree prior, that could change things. But almost no one does that. I guess all of this could have changed in the last few years, as litigation and the legislature can change things.

Where are people coming up with this?

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How do you know insurance companies don't subrogate?

Good info, we're dealing with this exact situation right now where a neighbor's very rotten tree fell onto my girlfriend's and neighbor's home, putting holes in each house and doing a ton of other damage. An adjuster came but apparently didn't seem too concerned with all the pictures we had as well as the huge chunk of rotten tree that I removed from the wall. Lead me to believe they wouldn't bother going after the tree owner.

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Did not know this. During Katrina, shitty Allstate was not following this.

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No they were not, they are now.

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Where's the link on this part:

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I don't have one, I just know it is standard now.

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I don't have one, I just know it is standard now.

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The neighbors tree that fell on my vehicle was completely rotten. It had been struck by lightening 5-7 years prior. I had pictures of the core when they cut it up after it fell, and it was almost hollowed out. Neighbor had discussed it with me in passing, but I couldn't prove that I had.

Allstate insured me and the neighbor. They claimed Act of God defense, and that was that. Would not pay for my vehicle damage. Also, would not subrogate against my neighbor stating that because it happened during storm, it didn't matter that it was rotten.