Legal Question in Civil Litigation in Georgia

Re: Damage from a fallen tree

You have not provided enought facts to answer the question.

Assume that we call the person who owned the tree Defendant and the person whose house was damaged Plaintiff.

If both Plaintiff and Defendant are insured, Plaintiff's homeowners may pay first to put money in plaintiff's pocket and clear up the mess. But, that ins. company will be subrogate to be allowed to sue Defendant or his insurance company for the damage.

In the final, final analysis, based on your few facts, Defendant or defendant's insurance company will have to pay.

Of course, additional facts may change this answer.