Legal Question in Real Estate Law in Illinois

part of my neighbors tree fell and damaged my fence. when he talked to his insurancs company they called it an act of god so the will not pay for the repair of the fence. but part of the tree was rotten. can I still sue his insurance company or can i sue the home owner.


Asked on 8/18/11, 8:36 am

2 Answers from Attorneys

You do not have the right to sue his insurance company absent an assigment from your neighbor. You need to sue your neighbor.

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Answered on 8/18/11, 9:56 am
Thomas Moens Moens Law Offices, Chartered

You have no contract with the neighbors insurance company. Sure you can sue them, but it will be dismissed. Unless the neighbor was aware the tree was a hazard, AND you can prove that fact in court, you will not get any money from the neighbor either.

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Answered on 8/18/11, 12:23 pm


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