My neighbors tree fell on my house. Will their Homeowners Insurance pay for the damage and removal of the tree?
We run into this situation all the time here in Florida. A neighbor has a tree that falls during a storm and damages other neighbors homes and property. Most of the time the tree owners Home Insurance does not provide coverage for the damage done to your House or Property. Nor does it afford coverage for removing the tree. In most cases you are responsible for removing the portion of debris on your parcel of property. You are also responsible for any damage to your home cause by the neighbors tree. The reason for this is simple; many times a tree can be growing right in the center of a property line and it would be almost impossible to determine who is responsible for the damage. The Homeowners Insurance companies keep it very simple by stating that each party is responsible for damage and debris on their property.
Are their any exceptions to the rule?
Of course, there will always be exceptions to general rule. In this situation the neighbors Home Insurance would have to pay for the damage to your property and removal of any fallen tree or limbs if they are found negligent. This could mean the tree had a disease or was dead and should have been removed or trimmed. The tree could be growing at a odd angle towards other properties and pose a threat to the safety of surrounding properties. It also helps your case if you notify the home owner informing them of the potential threat to your property. If they refuse to do due diligence and have the tree checked out and you suffer damage to your property then the tree owner's Insurance policy will more then likely be required to pay for the damages and fallen debris.