Can I File a Claim for Loss of Trees on Homeowners Insurance

[C Shankley]

What is the name of your state (only U.S. law)? Minnesota....Can I make a claim against my neighbors homeowners insurance policy whose house and garage are a total loss due to a fire that the fire marshall's office officially ruled the cause of the fire as "undetermined?" His garage was determined to be 8 feet on my property 7 years ago as a result of a survey done when he purchased it. I allowed him to continue using the garage (in writing) until such time that the garage was damaged or lost due to lightening, tornado, fire, etc., when he would have to revert to the real border. The fire destroyed 15 large (60-80 feet) trees on my property that will be have to be cut down by a professional and I assume the costs will be very high.

I get conflicting information about whether I have a claim. A disinterested 3rd party insurance agent said I could not make a claim on his or my policy. An independent adjuster told me otherwise. The problem will be that at some point these trees will fall onto either my house or the neighbors new couse when he rebuilds. An argument could be made that if his structure was legally situated on his property with the setback requirements, I would not have received this damage. I know that I can't replace like sized trees but don't want to incur the expense of taking them down and would like them replaced with easy to plant 6-8 footers. If the insurance company balks, would an attorney be helpful?

 

[xylene]

You have massive damage to your property, and an adjacent property is involved.

You should talk to lawyer immediately.

 

[adjusterjack]

I get conflicting information about whether I have a claim. A disinterested 3rd party insurance agent said I could not make a claim on his or my policy. An independent adjuster told me otherwise.

You've asked the wrong people.

Insurance agents have limited knowledge of policy terms and conditions and often barely know the names of the policies that they sell. Independent adjusters are hired by insurance companies to inspect damage and estimate the cost of repairs. They often know even less about policy terms and conditions than insurance agents. And neither of them know anything about negligence law.

Fortunately, I have experience with both.

First, for your neighbor's insurance to pay for the damage to your trees, you would have to prove that the neighbor's negligence caused the fire. That the fire marshal ruled the cause of the fire as "undetermined" is an almost insurmountable impediment to a negligence claim. You would have to hire your own fire investigator at a cost of several thousand dollars to conduct an independent investigation and you would have to hire him ASAP. The longer you wait, the better the chances that evidence will be spoiled or gone. Worse, there is no guarantee that your own investigator will come to a different conclusion.

So, yes, you can "make a claim" against your neighbor and his insurance company will deny the claim based on lack of negligence and you will have to file a lawsuit and go to court and prove negligence. Without negligence the neighbor owes you nothing.

Second, your own homeowners policy has some limited coverage for the damaged trees.

My sample HO-3 says the following:

Trees, Shrubs And Other Plants
We cover trees, shrubs, plants or lawns, on the "residence premises", for loss caused by the following Perils Insured Against:
a. Fire or Lightning;
b. Explosion;
c. Riot or Civil Commotion;
d. Aircraft;
e. Vehicles not owned or operated by a resi-dent of the "residence premises";
f. Vandalism or Malicious Mischief; or
g. Theft.
We will pay up to 10% of the limit of liability that applies to Coverage C for all trees, shrubs, plants or lawns. No more than $500 of this limit will be paid for any one tree, shrub or plant. We do not cover property grown for "business" purposes.
This coverage is additional insurance.

Check your policy. It's in Section I - Additional Coverages.

You may also have additional coverage for removing the damaged trees. Debris removal is also explained under Additional Coverages.

Check your policy for any differences in limits and for any optional coverage endorsements to see if there is one that increases that $500 per tree limit.

So, go ahead and make the claim under your homeowners policy. Your policy should pay something for the removal of the damaged trees. Just make sure you get an estimate and submit it to your insurance company before you commit to the expense.

 

[latigo]

What is the name of your state (only U.S. law)? Minnesota....Can I make a claim against my neighbors homeowners insurance policy whose house and garage are a total loss due to a fire that the fire marshall's office officially ruled the cause of the fire as "undetermined?" His garage was determined to be 8 feet on my property 7 years ago as a result of a survey done when he purchased it. I allowed him to continue using the garage (in writing) until such time that the garage was damaged or lost due to lightening, tornado, fire, etc., when he would have to revert to the real border. The fire destroyed 15 large (60-80 feet) trees on my property that will be have to be cut down by a professional and I assume the costs will be very high.

I get conflicting information about whether I have a claim. A disinterested 3rd party insurance agent said I could not make a claim on his or my policy. An independent adjuster told me otherwise. The problem will be that at some point these trees will fall onto either my house or the neighbors new couse when he rebuilds. An argument could be made that if his structure was legally situated on his property with the setback requirements, I would not have received this damage. I know that I can't replace like sized trees but don't want to incur the expense of taking them down and would like them replaced with easy to plant 6-8 footers. If the insurance company balks, would an attorney be helpful?

You need to understand that your neighbor is not an insurer of your property nor are you of his. That for him to be held responsible for your loss you must prove that his negligence was the proximate cause of the fire. And that his homeowner's liability policy only insures against his negligence or wanton behavior. Plus the policy coverage is one of indemnity and not that of a third part beneficiary agreement. Meaning you have no claim against it.
________________

With respect to the location of the building where the fire appears to have originated and its impact:

Is it you contention that had it not been encroaching on your property that your trees would have been saved? Even if so, there is the permissive use factor. Anyway I think it all relates back to the pivotal question: Was the fire due to the neighbor's negligence?

 

[PayrollHRGuy]

As mentioned your homeowner's policy likely provides some coverage so you should file a claim. If if your carrier thinks for a second they can have your neighbor or his insurance pay the cost they will subrogate against them.