Liablity of ice storm damage

[RWE117]

What is the name of your state (only U.S. law)? Missouri During an ice storm last year a limb fell from our tree and damaged our neighbors house. Our insurance would not pay because they said it was an act of God and we were not libel. This winter the same thing happened again with the same result from our insurance. Our neighbor now wants to take us to small claims court to pay for this years damages because he claims we should have taken the tree down or trimmed the limbs back. The tree is huge and the limbs do hang over his land but not his house. The weight of the ice and the strong winds caused it to fall on the side of his house causing the damages. Does he have a case?

 

[JETX]

Does he have a case?

Yes.

How good a case will depend on his ability to show the court that you were aware, or should have been aware, of the hazard (dead or diseased tree, etc.) and failed to remove it. His case could be supported by the FACT that the tree had previously caused damage.