One of the most misunderstood coverages found in a homeowners policy is related to property damage caused by trees, tree replacement and tree removal. The standard homeowner’s policy provides limited coverage that depends on the circumstances that caused the tree to fall and where it fell.
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QUESTION: My neighbor says that I have to pay for the damage to his house/car since they were damaged by my tree when it hit his house/car. My insurance company says I don't owe him. Who is right? Do I have to pay him?
ANSWER: If your tree was not dead or dying and an imminent hazard before it fell, you are probably not liable for your neighbor's house/car damage. If you are not legally responsible for the damages, your insurance company will not pay your neighbor for damages you do not legally owe. However, if you knew the tree was dead and/or diseased and you didn't take action to prevent damage that you knew would likely occur, you may be held responsible or legally liable for such damage or injury.
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