T1B

The recent ice and snow storm here in Nebraska resulted in many snapped branches and fallen trees. The property next to mine lost a large branch, which damaged the wife's rig and my work car. We have full coverage (with deductible) but shouldn't the property owner's insurance cover our loss? Since it was his tree?

The guy who owns the property came over the same day and was really cool about everything and took some pictures and said he would notify his insurance agent. Since, he is now hinting around that his agent believes they are not liable since it was a natural event. Does any of this sound right?

The fallen branch hanging over your side of the property?

Your property, your insurance. His agent is right.

It probably falls under "an act of Zeus."

I'm pretty sure after your agent and his agent speak to each other and look at all the pictures and other evidence the storms have left, both parties will come to a mutual understanding that your wife is a cunt and move on from there.

R-Jack wrote:The fallen branch hanging over your side of the property?

To a degree... the tree this branch fell from is about 12 feet from the property line and I do believe it did extend slightly over my driveway. If it's his tree and branch that fell and damaged my property (Goobs) why wouldn't he be liable? What if I had a tree lose a branch that fell on his roof? His property, my tree... He's liable?

R-Jack wrote:I'm pretty sure after your agent and his agent speak to each other and look at all the pictures and other evidence the storms have left, both parties will come to a mutual understanding that your wife is a cunt and move on from there.

Ruby Tuesday? You have a keen memory.

The branch falling is an act of God. Your neighbor is in no way liable. Now if you had previously notified your neighbor in writing that the branch posed an eminent imminent danger to your property, you might have an argument.

Goober McTuber wrote:The branch falling is an act of God. Your neighbor is in no way liable. Now if you had previously notified your neighbor in writing that the branch posed an eminent imminent danger to your property, you might have an argument.

Well, if that's the law "it is what it is" He seems like a decent fellow who might be willing to pay our deductible, though. It's good to know though that should I lose an entire tree into a neighbor's home that destroys the house and whacks out a couple of people.... it is nothing more than an "Act of God" and I walk with no liability whatsoever!

Seems the rules should be different. His insurance will cover some scammer who "trips" on an uneven sidewalk but won't take care of thousand pound logs that fall on his neighbor's property. I bet that cocksucker and his agent both have Ruby Tuesday stock in their portfolios.

H4ever wrote: Well, if that's the law "it is what it is" He seems like a decent fellow who might be willing to pay our deductible, though. It's good to know though that should I lose an entire tree into a neighbor's home that destroys the house and whacks out a couple of people.... it is nothing more than an "Act of God" and I walk with no liability whatsoever!

Absolutely. And if there truly is a God, you neighbor will be an Iowa fan.

H4ever, first off that sucks, sorry to hear that.

I asked my wife this question as she has 10 plus years in property casualty insurance regulation and policy language. As Goobs pointed out your policy will be the one to pay, unless you can prove negligence or neglect on the neighbors part.

But my wife also indicated that if your insurance company is a decent company they should waive the deductible for you. They will then go after the neighbors insurance company on your behalf for the full cost of the repairs. On the other hand she said if you have State Farm, Allstate, Geico, etc, best of luck cause they will just drag their feet.


Just as an FYI to all of us mediocre holders out there she also answered a buddy of mines question regarding a golf ball thru someone's window. Unless the golfer purposely tries to break the window he is not liable for the damage. The homeowner assumes the liability of a know hazard. So the next time you hook one into a living room, just ring the doorbell and ask if you can play thru. You would be responsible for any divot you take on the next swing though, so make it a good one.

The "act of God" exception to coverage usually centers on foreseeability. I would think that a tree branch snapping in an ice or snow storm in Nebraska is entirely foreseeable, and therefore covered.

File a comp claim under your auto insurance for your wife's rig and if your neighbor isn't a complete douche he'll throw $100 your way for the trouble. Any damage to your work vehicle is presumably covered under their commercial policy as well.

Terry in Crapchester wrote:The "act of God" exception to coverage usually centers on foreseeability. I would think that a tree branch snapping in an ice or snow storm in Nebraska is entirely foreseeable, and therefore covered.

Which branches, specifically?

Happens here in NW Oregon all the time... like yesterday, for example. This is a common question around here, and people get the answer all the time -- like people have stated, unless the homeowner knows (through notification), or reasonably should have known a particular tree is an emimimminant hazard, they're not responsible for the damages.

Dinsdale wrote:

Terry in Crapchester wrote:The "act of God" exception to coverage usually centers on foreseeability. I would think that a tree branch snapping in an ice or snow storm in Nebraska is entirely foreseeable, and therefore covered.

Which branches, specifically?

Happens here in NW Oregon all the time... like yesterday, for example. This is a common question around here, and people get the answer all the time -- like people have stated, unless the homeowner knows (through notification), or reasonably should have known a particular tree is an emimimminant hazard, they're not responsible for the damages.

Pretty much the rule. If I can reach your tree limbs from my property, expect me to perform preemptive chain saw work on said tree. Done that one or a hundred times over the years. Took a chain saw to some trees on commercial property that I could reach with the saw from a pallet on the forklift. Expect of course the property owner to complain and which time you tell them GFY.

Left Seater wrote:H4ever, first off that sucks, sorry to hear that.

I asked my wife this question as she has 10 plus years in property casualty insurance regulation and policy language. As Goobs pointed out your policy will be the one to pay, unless you can prove negligence or neglect on the neighbors part.

But my wife also indicated that if your insurance company is a decent company they should waive the deductible for you. They will then go after the neighbors insurance company on your behalf for the full cost of the repairs. On the other hand she said if you have State Farm, Allstate, Geico, etc, best of luck cause they will just drag their feet.


Just as an FYI to all of us mediocre holders out there she also answered a buddy of mines question regarding a golf ball thru someone's window. Unless the golfer purposely tries to break the window he is not liable for the damage. The homeowner assumes the liability of a know hazard. So the next time you hook one into a living room, just ring the doorbell and ask if you can play thru. You would be responsible for any divot you take on the next swing though, so make it a good one.

Thanks Lefty... thanks to your better half, too. I'm beginning to wonder if my homeowner's insurance will cover any of this since the vehicles were parked in my driveway?
And if it's auto insurance only, we have Progressive since my wife switched from State Farm a couple years ago.
Thanks again and any more info would be appreciated.

Your auto policy will lead on this.

Suggest you talk to your Rep at Progressive and ask them to waive the deductible since it was not your tree that did the damage. Start from there and give them the opportunity to do the right thing.