Legal Question in Real Estate Law in Florida

I have a very old oak tree and half of it crashed on my neighbors property damaging his fence, gutters and a few shingles on his house. He is giving me a bill for $3000 and expecting me to pay it. I have been told that he should file a claim with his homeowners insurance company and that if he takes me to small claims court the first thing the judge is going to ask is why did he not file a insurance claim rather than taking me to small claims court. Is this true ?


Asked on 5/20/11, 9:29 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

No,it is his choice.

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Answered on 5/20/11, 4:17 pm


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