Sunday, July 1, 2012

Home Owners assurance and Trees - You Love Them Your assurance firm Hates Them

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Coverage for damage caused by trees and for the trees themselves is one of many confusing areas of a Homeowners assurance policy.

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Your neighbors' tree falls and damages your garage, shed and fence.
Will assurance pay for the damage?
Whose assurance should pay?
What will they pay for?

A tree falls in your yard.
Will your assurance procedure pay for it to be removed?
Will it pay for a new tree?

A tree limb breaks from wind or a lightning storm and is dangling over your house.
Will your assurance procedure pay for it to be removed?
What if it's hanging over a neighbor's house?

A tree falls on your car.
What procedure will cover the damage to my car?
Is there coverage for the tree removal?

First, the basics; it does not matter whose tree it was. If there is damage to your property (from anyone's tree) your assurance procedure is the one to respond. If there is damage from your tree to a neighbor's property, their assurance procedure is involved. If there is damage to both properties (from anyone's tree) both policies will be involved and each will deal with its own property only.

The only time a Homeowners assurance procedure should be involved with damage to someone else's property is if there is liability involved. That is if the tree was rotten or leaning and should have been removed or trimmed prior to the damage occurring. Even then the damaged properties assurance procedure will ordinarily pay for their customer's damage and then try to recover their money from the tree owners' assurance company.

Second, the important consideration for coverage is; what is physically damaged. If a tree, or quantum of a tree, falls and does not damage any real property there is no coverage. Real property is any building, buildings or contents item it does not include land, landscaping or plants of any kind. A fence, shed, patio, driveway, swing set or bike would count as real property.

If a tree falls into your yard and does not cause any damage to the home or any other real property then there is no coverage to take off the tree or for any cleanup. Sorry!

If there is damage to whatever such as a fence then the procedure should cover repairs or change of the damaged item(s) and also petite coverage for extraction of the tree. To make this even more confusing; the tree extraction coverage is divided in 2 phases.

Phase 1: Getting the tree removed off of the real property is covered with no sub-limit. That is if a tree is on a storage shed then the first stage of tree extraction is to take off it off the shed so repairs can be made. The only limit for this part of the extraction is the coverage limit on this section of your policy; in this case the Other Structures coverage.

If the repairs to the shed and the tree extraction combined are greater than the coverage available then there is an additional coverage available for debris removal. This is 5% in most cases, so if you have ,000 coverage on Other Structures you can have up to ,500 for the repairs and tree extraction cost.

Phase 2: The second stage of tree extraction is removing the tree debris off the premises. This quantum is petite to 0 or ,000, this limit can vary by assurance company, procedure type and state involved.


Third, the tree itself is covered in distinct petite circumstances and for a petite whole only. The tree is not covered for wind or hail damage but is covered for damage from fire, lightning, explosion, vandalism and vehicle damage (as long as it was not a vehicle driven by members of your family). The limit is typically 0 per tree but can be more on some policies and in some states.

Fourth, If a damaged tree is leaning toward your home or dangling precipitously over your home what is covered? Assuming that quantum of the tree has not damaged real property then there is No coverage. Even if an additional one tree or quantum of the same tree has caused damage.

It is your responsibility to safe your property. The assurance procedure only covers damage, Not possible damage. The same is true if one of your trees is dangling over someone else's property, no coverage for possible damage.

If you ignore the situation and the tree later falls and causes damage to the neighbor's home their assurance will cover their damage. They will then want to recover their money from your assurance company, or you. This is called subrogation.

If the later damage occurs to your home your assurance enterprise could try to deny coverage because you did not safe the property.

The Homeowners assurance procedure covers sudden and accidental damage it is not a maintenance policy.

Finally, damage to any automobile will only be covered on the auto procedure (then only if you have total coverage). The tree extraction will not be covered by your Homeowners procedure unless other real property was damaged.

See our websites mentioned below for more information. You can send direct questions or read what other homeowners have asked.

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