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ssmacd ssmacd
 
M$3 December 13, 2008 02:17 PM

Whose insurance co is responsible if a tree falls on a fence during a storm?

The tree owner's or the fence owner's?
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nyssa nyssa
 
 December 13, 2008 07:45 PM
The owner of the tree has personal liability coverage on their homeowners policy. Fence owners - homeowners coverage may have property damage coverage. The owner of the fence should turn in a claim into their homeowner's insurance. That Insurance company will then contact the Tree owners insurance. They will battle it out from there.

HOWEVER, ONE SHOULD ALWAYS CHECK WITH YOUR INSURANCE AGENT.
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davidmaste... davidmaste...
 
December 15, 2008 03:41 PM
Too right!

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steelpitt steelpitt
 
December 15, 2008 04:53 PM
yes as previous answer stated. However you may also want to check where tree is located. Some towns the property between the curb and sidewalk belong to the town and if that is the tree that has fallen then it is the towns liability. but the owner of fence should make the claim and the insurance co. will sort it out

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vizier vizier
 
December 15, 2008 08:40 PM
The property ins. co of the landowner where the tree normally stands.
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emaij emaij
 
December 15, 2008 10:15 PM
The short answer is that it depends what jurisdiction you are in.

That being said, in general, the person that owns the tree is responsible. However, there may be mitigating circumstances. If the owner of the fence was in a position to prevent the damage and he did not, he may have some liability. On the other hand, if the fence owner noticed the potential danger and put the tree owner on notice, the tree owner will likely be found to be entirely responsible for the damage. Failing to act when on notice may, in some jurisdictions, carry additional penalties.

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edd edd
 
December 16, 2008 12:18 AM
The fence owner(s) -- sometimes fences are co-owned by neighbors -- and their insurance companies are responsible. Homeowners policies do not usually provide liability coverage for such things happening to your neighbors, however, they do cover your fence if it is on your property. In some cases you can try to hold the tree owner responsible, however, if you can prove fault through negligence or intent in court.

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jomtung jomtung
 
December 16, 2008 12:32 AM
Whatever property the tree was on before it fell.

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