Who is responsible for damage from a tree blown over in a storm?

Tree damage

There is an "if" to that question as with many insurance issues. If the tree was normally healthy and the wind blew it down is the first area.

1- Your insurance company would not pay for damages to the neighbor simply because you have no legal liability to the neighbor for the act of god that caused the loss. Your first party insurance is spectic to you and your property, not his.

If the tree was obviously dead and you had prior notice from obvious observation or actual notice from the neighbor of the dangers. You would have had a duty owed to the neighbor to abate that danger or hazard. Your failure to abate the danger would be the causal relationship to his damage.

2- In the above case, the insurance carrier would possibly pay for the damage to the neighbor out of the liability portion of your policy. The reason for this is the verbage, "we will pay all sums your are legally liable to pay" in the liability section of the policy.

Discalimer: This is general in nature and should not be used in any specific case or tort. Each carrier, and each jurisdiction may have varying opinions in this area.

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