Legal Question in Real Estate Law in New York
During the most recent snow storm, my 50 foot cherry tree fell onto my neighbors property and destroyed a section of his fence, but did no other damage, except that it is laying across his backyard. My insurance company says they do not pay for a damaged fence or removal of the tree. They would only pay if my neighbors house or shed was damaged. They said my neighbor should file a claim with his homeowners insurance company or I should pay.
Is this correct?
1 Answer from Attorneys
I hate insurance companies, and this is the reason why.
If you had no prior notice that the tree was not healthy, then - legally - you are not responsible for the damage. So, the insurance companies legal advise may not necessarily be correct.
If your neighbor sues you, the insurance company may have the duty to defend the claim.
I would have your neighbor also file a claim with his or her insurance company. If that insurance company refuses to pay, split the cost for a new fence.
Mike.
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