Legal Question in Real Estate Law in North Carolina
Tree falls on neighbors house
We recently moved into our home and noticed that there was a dead tree in our back yard in a wooded area. I was planning on removing it in the near future. Before I got the opportunity to have it removed the tree fell on a neighbor's house and did some damage to the gutter and vinyl siding. My insurance company said that it was not covered and that the neighbor's insurance should cover it. The neighbor said their insurance was not going to cover it that mine should. Since we recently moved in I don't want to start off with bad relations. Are these issues typically covered by the affected homeowners insurance or are these out of pocket costs left up to the neighbors to fight it out?
1 Answer from Attorneys
Re: Tree falls on neighbors house
There are really two parts to the question. The first is whether your insurance company provides coverage for this loss. That question then turns on whether you are liable to your neighbor; i.e. would your neighbor prevail if he sued you. On the facts presented, it seems that you were on notice that the tree was dead, and presumably posed a hazard, at least potentially. On these facts, it would seem that your homeowner's insurance company would cover the loss. Technically speaking, however, your company does not need to make payment until your neighbor recovers a judgment against you. You may want to continue to urge your insurance company to pay for it, assuming that is the result you want.
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