Legal Question in Insurance Law in New Jersey

Tree falling on car
Is there a legal precident concerning cases where a Tree falls on a moving car and the insurance company denies the claim, stating that it was an act of God although the tree was rotten. It was windy and thankfully there were no injuries. All we want to do is recover the cost of the car which is aprox. $1800. plus $460 in car rental fees.
I could be heading into small claims court. I have photos, and film of the downed tree and rental reciepts along with the kelly blue book value of the car. Any thoughts on the chance of winning a case like this. I live in NJ so he'll probably have his homeowners ins. lawyer representing him.

Thank You

Asked on 9/21/06, 12:54 pm

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Re: Tree falling on car

If the tree was rotten then the homeowner was negligent for failing to maintain the tree in a reasonable state of good repair on his property.

Best of luck to you.

Answered on 9/21/06, 6:21 pm

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