Storm damage liability

[gazzamatic]

What is the name of your state (only U.S. law)? MN

During a storm last year a tree in our yard was blown over. On its way down it knocked over a tree in our neighbors yard, which punctured the (lookup) basement wall of the neighbors house.

After this happened we tried to file a claim against our insurance, but they said since there's no damage to our property the the neighbors should file a claim with their insurance, which they did. Yesterday we received a subrogation claim from our neighbors insurance company.

Are we legally liable for the damage caused by all the trees falling over? If we are, should our insurance company cover this?

Additionally, the amount of loss claimed by their insurance company includes money for emergency repairs, which were performed by a different neighbor at no cost, and for removing the trees, which again was done by neighbors at no cost. If we are liable for the damage at all, should these facts change the amount we are held liable for?

Thanks for your advice!

 

[justalayman]

unless the tree that fell was known to be unsafe for some reason, you should not be liable for storm damage.

If you are found liable, your homeowners insurance should cover you.


whether the charges are valid or not can be argued.

 

[Zigner]

What is the name of your state (only U.S. law)? MN

During a storm last year a tree in our yard was blown over. On its way down it knocked over a tree in our neighbors yard, which punctured the (lookup) basement wall of the neighbors house.

After this happened we tried to file a claim against our insurance, but they said since there's no damage to our property the the neighbors should file a claim with their insurance, which they did. Yesterday we received a subrogation claim from our neighbors insurance company.

Are we legally liable for the damage caused by all the trees falling over? If we are, should our insurance company cover this?

Additionally, the amount of loss claimed by their insurance company includes money for emergency repairs, which were performed by a different neighbor at no cost, and for removing the trees, which again was done by neighbors at no cost. If we are liable for the damage at all, should these facts change the amount we are held liable for?

Thanks for your advice!

Turn the matter over to your insurance company.

 

[gazzamatic]

unless the tree that fell was known to be unsafe for some reason, you should not be liable for storm damage.

I guess this could be an issue. Because the tree had woodpecker holes we had a tree company come and evaluate it, they told us the tree was dieing of old age and that it could drop limbs so we should take it down. However, nobody said it was in danger of falling down. Anyway, we decided we would just cut it down in the winter, since the frozen ground wouldn't be damaged by trucks then.

Of course this is information which our neighbors were aware of and more than willing to share with their insurance company. Does this change our liability?

I have already faxed everything over to our insurance company, just trying to understand where we stand legally.

Thanks again!

 

[Zigner]

I guess this could be an issue. Because the tree had woodpecker holes we had a tree company come and evaluate it, they told us the tree was dieing of old age and that it could drop limbs so we should take it down. However, nobody said it was in danger of falling down. Anyway, we decided we would just cut it down in the winter, since the frozen ground wouldn't be damaged by trucks then.

Of course this is information which our neighbors were aware of and more than willing to share with their insurance company. Does this change our liability?

I have already faxed everything over to our insurance company, just trying to understand where we stand legally.

Thanks again!

It may very well impact your liability. Let your insurance company handle it.

 

[Banned_Princess]

I have already faxed everything over to our insurance company, just trying to understand where we stand legally.

Thanks again!

Your insurance company will handle it. I trust your liability coverage is adequate.

Don't worry, thats why you have insurance.