Is Your Tree Damage Covered Under Your Home Insurance?

Hurricane Irene certainly livened up the weekend, although it was on the east coast, while we here in sunny SoCal experienced a heat wave and sunburn damage. Back east it was a lot different. Although Trump called it- he said Irene was way overblown, some roofs and many trees were damaged. Last winter was our turn, with a 100 year rain, a super El Nino.

Real heavy rains tend to make you rethink your drainage. the water has to go somewhere, and the house is not a viable option.

No one is financially liable for acts of nature, since you can't control them. But If someone has proof of intentional negligence such as not removing dead trees), that could change your liability.

If your neighbors tree damages your house, your home insurance policy should cover you up to the limit. If your tree damages your neighbors house, their home insurance would cover them. Your insurance specifically covers you and your property.

If a tree is damaged out on your property (without any damage to structures), if you have debris removal or landscape restoration on your policy, they might cover it's removal.

If the tree was obviously dead and your neighbor gave you notice to remove it, You would have had a duty to remove the dangerous condition. Your failure to stop the danger to his property could make you at fault for the damage.

In cases of neglect, your insurance carrier may possibly pay for the damage to the neighbor out of the liability portion of your home insurance policy. Many policies state: "we will pay all sums your are legally liable to pay" in the liability section of the policy.

If your insurer paid a claim because a neighbor's tree fell on your house, the payment would be minus the policy deductible. Deductibles of $1000-$5000 for home insurance are common. You have to pay that amount towards repairs of a covered loss.

Home Insurance Companies often don't cover tree debris removal expenses unless the tree damages covered structural property like your house, fence, or driveway.

Most insurers pay reasonable expenses to remove trees from attached buildings. The limit is usually $500 for the removal of all tree debris that caused structural damage. Amounts over $500 reduce the deductible by an equal amount until the deductible is exhausted.

Keep in mind, every claim you make gets entered into the ChoicePoint database future home insurers will look at to determine claims. It's a called a CLUE or Comprehensive Loss Underwriting Exchange report. A report can be ordered at a cost of $19.50 per address, but only by the property owner. If a property has mold damage or repeated electrical fires, the home insurer may not want to cover you. Even the old insurer may cancel your policy if there's a significant history of claims.

So you do not want to call up your insurer and file a claim on every downed tree, unless there is significant damage.

I am not a lawyer, so the below is based on my own observations, experience, and beliefs.