AboutDenise Expertise I am a licensed Property/Casualty agent in the state of Wisconsin, a Certified Insurance Counselor and a Certified Insurance Service Representive, with a 15+ year background in personal insurance underwriting. I am currently working in the Homeowners and Auto field, and was licensed in Life and Health insurance years ago. I can provide input if you will give me a "one paragraph what`s the story", however depending on the situation, do note that as policy forms and endorsements vary by the state, the information may be general and educational in nature.
Expert: Denise Date: 6/27/2008 Subject: Fallen tree
Question A tree has just fallen on my house. the tree was clearly hollow in the center and has been this was for many years. the tree was not mine and the owner will not pay. he is saying it was an act of god. i think maybe more niglect of the tree is responsible for this. (sorry for the spelling)
Answer Hi Donald-
These types of claims are very complicated, because you have to prove that the owner was negligent by not having the tree taken down. If the tree was dead, then a reasonable and prudent person would have had it removed. Your best bet is to take good pictures of the tree, showing that it was a hazard, and let your insurance company deal with going against your neighbor. They might not though. When living trees go down, it is considered an Act of God, and it's your insurance that responds. Hope this helps. :) Denise