legal eagle inputs please

I'm not a lawyer nor do I play one on TV. But I do have some experiences particular to where I live.

We get both ice storms and wind storms fairly often. They create havoc, and every time the questions arise, "who's responsible".

And the answer remains the same. The homeowner is responsible for damages on his own property when damages are via an act of God.

We could exaggerate the scenario... A tornado touches down, uproots a tree and it lands two blocks away on a persons roof. Is the owner of the tree responsible? Hardly.

And it's for these reasons we have the option to buy insurance. And we further have the option to be highly insured or barely insured.

Continuing this discussion... Even if a tree was in bad shape to start with, many code jurisdictions require a permit to remove a tree on the owners property. Most folks don't abide by that, including me now, and I'll take a tree down without permission. That wasn't always the case. We built a new house. There were large trees on the property needing to be removed near the footprint of the house. One was rotten. We asked permission, and the city said no. Arbor laws and all. Next wind storm, this same tree fell on our new house. Was the city responsible? Nope.:mad:

Subsequent property owners in the area, I suggested to them take down whatever trees you want and don't ask questions.


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I agree with GunnyGene. Call your insurance agent and have them fight it out. That’s what you pay insurance for.
 
I had a similar occurrence that wiped out a neighbor's garage. My homeowners covered it. My tree fell down. my liability, so no problem. An act of God on my policy would be a lightning strike, tornado, or whatever. In general a wind storm ( Not hurricane or same force continuous wind) should not take out a tree. The tree was already either old, rotted, or infested, and you should be covered.

If you haven't already, forget the phone call, dig out your policy, and read it. It's ONLY what is in writing that counts.
 
I was once told (by my own insurance co.in texas) that paying someone else's deductible was illegal.

Yet roofers pay the deductible all the time after hail storms here in Texas.
I didn't complain when the only cost after my roof was totaled a few years back was for better shingles than were in place.
 
Yet roofers pay the deductible all the time after hail storms here in Texas.
I didn't complain when the only cost after my roof was totaled a few years back was for better shingles than were in place.
It's illegal for contractors to waive your deductible or help you avoid paying it.Contractors who say they will waive your deductible might be sending false information to your insurance company about the cost of repairs. That would be fraud. And a contractor who offers to waive your deductible is likely making up the difference by cutting corners or using lower quality products. That can lead to more claims and repairs later.
 
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Why would this be illegal?
One way is by giving you an estimate that's higher than the actual cost to repair your home or roof. The contractor then uses the extra money paid by the insurance company to cover your deductible. Some contractors might offer rebates or credits in the amount of your deductible. That's also illegal.
 
It's illegal for contractors to waive your deductible or help you avoid paying it.Contractors who say they will waive your deductible might be sending false information to your insurance

My insurance company inspected, totaled my roof and issued me a check, minus my deductible , so I could replace my roof.
I received 3 bids , didn't pick the cheapest .
The bid I accepted was less than the check issued by my insurance company.

My son and a friend , had similar experiences from the same hail storms .
 
Same scenario in many of our parks. Park tree, healthy, falls onto adjacent landowner fence, house pool, etc. This happens during a wind storm. We clean up our side, they are responsible for their side. Act of God. Insurance covers us, not adjacent landowner.

Do not pay.
 
Talk about a sore subject....Next door rental prop. has two towering cottonwood trees. I suffered for years from the fallout, how bad could it be, let me tell ya. Got an A1 Brittany steady to wing and shot that I have spent many hours with that required Benadryl so she could smell a quail. The installation of a water supply
where the cotton can't gather and choke the two pups. Window screens and outside air filters require constant maint. a.c. I refrained from killing these trees until they finally went peacefully in their sleep and the limbs begin to fall.....big limbs, way up..... That side of the property has a wood framed ,shingled row house/kennel/quail,Chukar/storage facility. It's nice. Catching the tenant on his way to the liquor store I in a very neighborly tone suggest he alert prop. mngnt. as to the impending disaster. No prob. When I pulled in the drive something didn't look right over the gate to the back yard. Could have been that 600 lb chunk of tree top that fell point down like a dart with enough force to blow the double doors across the yard. I was proud of my frame work, the walls held up. It was that massive hole where the birds went that was the prob.
It took couple sections of his fence which I replaced, like he said you're the one w/the dogs...So to make an already long story short , I got several promises to pay from prop. manager, nothing. Tracked owner Beverly Chineye down thru tax records to Riverside Cal. 50.00 long distance, no call. Paid to have her served and waited and waited she never contacted the court and I got to rebuild. My policy didn't cover out buildings .
I hadn't updated the policy, it was rental prop at one time.
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