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Posted on 2/24/16 at 8:39 am to Jcorye1
quote:
There is actually quite a bit of case law on that. From what I remember, if the tree can be documented to be old/dying/terrible, yes you are responsible. If it was just an "act of god", no you aren't.
Someone correct me if I'm wrong.
I think this is correct, but the documentation has to be clear. I think you're supposed to send a certified letter to your neighbor stating your concerns about the tree and asking that they have it evaluated. If they refuse to act then it can be considered negligence.
Posted on 2/24/16 at 9:11 am to wickowick
quote:
Not true, you are responsible for removal of the tree now, even if healthy, normally the insurance company will subrogate against the insured's homeowner's insurance for the removal of the tree from the property. Most homeowner's never even know it happens. If the tree is dead or partially dead (should have known) then they will go for all the damages.
Could luck subrogating against a healthy tree. You and your insurance company won't see a dime in that case. It has to be known there is an issue with the tree. Nearly impossible to prove.
Posted on 2/24/16 at 9:17 am to GeeOH
quote:
Surely the city has some type of liability policy that covers its risk.
They do. The insurance company will determine coverage if any.
Posted on 2/24/16 at 9:26 am to Jcorye1
quote:
There is actually quite a bit of case law on that. From what I remember, if the tree can be documented to be old/dying/terrible, yes you are responsible. If it was just an "act of god", no you aren't.
Someone correct me if I'm wrong.
I watched a water oak drop huge limbs for a few years and wondered when it was going to crush the neighbors home. The owner is an extremely cheap attorney. He finally spent quite a bit of cash to cut the tree down. Something tells me you are correct in your statement. The dude doesn't spend a penny unless he is forced to.
Posted on 2/24/16 at 9:47 am to Chillini
quote:
Could luck subrogating against a healthy tree. You and your insurance company won't see a dime in that case. It has to be known there is an issue with the tree. Nearly impossible to prove.
What state are you referring? I am on the adjuster side, in Louisiana. It happens all the time on healthy tree. This is a fact.
This post was edited on 2/24/16 at 9:49 am
Posted on 2/24/16 at 10:06 am to Cosmo
Ignorance to a problem does not remove liability from any organization. Knowing about it only adds a factor of negligence.
Posted on 2/24/16 at 10:11 am to wickowick
quote:
What state are you referring? I am on the adjuster side, in Louisiana. It happens all the time on healthy tree. This is a fact.
Not any specific state. No direct knowledge for Louisiana. Could be the case their, but generally out of luck in other areas.
Posted on 2/24/16 at 12:22 pm to Chillini
I had a healthy tree at a rental property blow over from a tornado in 2014 in MS and total the house next door. I had the tree cut up on my side of the property line and left it. No subrogation or any request for insurance information from the homeowner or his adjuster.
You can see a little bit of the house under the tree on the left. It was a white house.
You can see a little bit of the house under the tree on the left. It was a white house.
Posted on 2/24/16 at 12:29 pm to Jcorye1
My recent experience in Louisiana is this. If you know or reasonably should have known that your tree was in a condition that was dangerous/likely to fall, you would be liable. Otherwise, act of God.
So the moral is, don't have an arborist check your tree unless you are prepared to cut it down.
So the moral is, don't have an arborist check your tree unless you are prepared to cut it down.
Posted on 2/24/16 at 12:39 pm to weadjust
That is what I would expect. Cut at property line.
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