C Shankley
Junior Member
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?
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?