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Fallen Trees

High winds and rain many times trigger tree limbs and entire trees to fall.  Who is responsible for a fallen tree that causes damage may surprise some people and laws can vary from state to state.  But, generally speaking, if the tree is a healthy tree and was damaged by an “act of God” then the party whose property was damaged is responsible for putting in a claim under their own homeowners insurance or for paying out of pocket if they do not have insurance.

However, an exception can be if the tree was dead, damaged, or neglected then the tree owner could be responsible for any damages. Depending on the state insurance statute, it is always a good idea to notify, in writing, an owner of a tree that looks dead or in danger of falling.  The safest way to determine who is responsible for fallen tree damage is to speak with the homeowner association’s insurance agent for specifics and policy information.

 

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