In the United States at least, no one is held liable for acts of nature. If a tree fell on your property whether from your yard, your neighbor's yard, blown in from some national forest down the street or some other yard due to a natural occurrence you are responsible for the removal of debris on your own property. You may be covered under your own homeowner's policy for the damages and removal depending on the circumstances and on your insurance coverage. In many states, the tree must damage a structure for the debris removal to be covered. In almost all cases in the U.S. barring some proven negligence it is our own responsibility. The average homeowner is not expected to be an expert on trees.
Bear in mind, these rules may be different in other countries.Another Perspective:If you had notified your neighbor, preferably in writing, of the possibility of damage from the tree and requested to have the tree trimmed or removed due to a dangerous condition then the neighbor may be liable for damages. A tree owner must act reasonably to prevent trees from damaging the neighbor's property.
If your neighbor's tree is in a dangerous condition, you should send the letter by certified mail to the neighbor (and if possibly to their insurance company and yours) stating that they need to cut the branches or remove the tree to avoid any potential damage to your property. You should take some photos and keep them with a copy of the letter and the green card. Ignoring a damaged or unhealthy tree could create liability. Acts of nature are beyond our control. However, a tree owner must act reasonably to prevent trees from damaging the neighbor's property.
1- Your insurance company would not pay for damages to the neighbor simply because you have no legal liability to the neighbor for the act of nature that caused the loss. Your first party insurance is specific to you and your property, not his.
2- If the tree was obviously dead and you had prior notice from obvious observation or actual notice from the neighbor of the dangers you would have had a duty owed to the neighbor to abate that danger or hazard. Your failure to abate the danger would be the causal relationship to his damage.
3- In the above case, the insurance carrier would possibly pay for the damage to the neighbor out of the liability portion of your policy. The reason for this is the verbage, "we will pay all sums you are legally liable to pay" in the liability section of the policy.
This is general in nature and should not be used in any specific case or tort. Each carrier and each jurisdiction may have varying opinions in this area.
Usually, reasonable people will discuss such an issue and maybe even help each other. Technically, the tree is the responsible of the person who has the tree growing on their property. But it is a lot more neighborly to help clean up the mess, even if it is not your tree. In many jurisdictions the property owner is responsible for the removal of the portion of the tree that is lying on their property from storm damage. If the tree hits your house your own insurance pays for the removal and damages. However, a question of negligence may be raised if you have notified the owner of the poor condition of the tree and you may try to hold the tree owner liable for the damages. Homeowners shouldn't be able to ignore the danger a diseased or weakened tree may do to a neighbor's property. Ask your insurance company to explain your rights and your liability in your state.
If the tree fell due to weather, the neighbor is not liable so it would have to be filed under your own homeowner's insurance. The neighbor is only liable if you can prove the tree was dead or dying and they did nothing to remove the problem.
I saw on one of the court shows where that exact thing happened. A tree fell into a neighbor's yard and damaged their fence. The neighbor tried to sue the guy who's tree had fallen. However, the judge said that it was not the guy's fault that mother nature caused the tree to fall. However, if the neighbor had given multiple written notices in advance asking the neighbor to please have the tree chopped down, the she would have had evidence that there was an on-going problem and the guy would have been responsible for damages to her fence.
The analysis is somewhat more complex, and involves the issue of negligence. Stated otherwise, if the was known, or should have been known, to be rotten or otherwise subject to collapse, its owner was responsible for attending to it. If it does cause damage due to its weakened condition, the owner's liability insurance should answer for the neighbor's damage. The failure to have attended to the tree when the owner know that it was likely to cause damage is the essence of negligence.
If, for some reason, the damaged party's insurer pays for the repair, it can subrogate against the tree owner (and his/her insurer) and attempt to recover its payment. That process is called subrogation.
Family farms can usually be covered under Personal Property lines and will usually be cheaper.
Hobby farms can often be covered under a Personal Homeowners Insurance Policy.
If the Owner is a Corporate entity then it will most likely be classified as Commercial Property lines. Corporate Owners generally experience Higher Risk exposures.
Also note that most states have a state Farm Bureau organization which offers Farm Insurance. State Farm Insurance only offers farm insurance for small family and Hobby farms. You can also talk with your local Farm Services Agency or your county extension agent for further information.
Just contact an Independent agent. They represent many different insurance markets and are familiar with Policies available from a larger number of companies than captured agents who only represent a single insurer. An independent agent can customize a Home Owners Policy for you, they are not usually bound by cookie cutter policies loaded with often undesired coverage's designed to bulk up premium and offered by the captured national company agents. Let the Independent agent do the comparing for you. They can then explain the differences in "Plain English" and make recommendations to you. You will likely not even have to refer to your encyclopedia to understand.Comparing Home Owner's Insurance
Personally, I would recommend looking at both the complaint ratio and the assets/liabilities in determining which company is right for you. Take a look at not just the order in which your target companies appear, but also how far apart they are in these categories.
The complaint ratio is a very important tool in determining how well an insurance company is satisfying its customers. For those not familiar with the complaint ratio, it is computed by tallying the number of complaints that are confirmed as valid by the state's insurance regulators against a given company, as a percentage of the insurer's overall premium volume (the dollar amount of all policies written in that state). Though it is almost inevitable to please all of your customers all of the time, a high complaint ratio shows that there is a trend in both customers contacting state authorities with a problem, and the state upholding that complaint.
The assets/liabilities is equally important, as it shows the financial strength of the company -- that is, its chances of being able to pay all of its claims in a major catastrophe without going broke. No matter how satisfied its customers are, if an insurance company doesn't look up to the task of paying your claim if you happen to be involved in a major catastrophe, it's not the right one for you. AM Best's financial strength ratings are some of the most widely-used in the US, and you can look up any of their ratings here:
The amount of fees paid is an important factor when the numbers are very far apart, but other than that there are different factors that may affect these numbers, other than the number and size of violations. Fees can be negotiated in the final stages of a state's review decisions, and the final number may reflect the company's negotiating skills or relationship with the department as well. As there is no external way of quantifying the exact factors leading into the fees, minor differences may not be that different.
Finally, another way to select an insurance company would be to also go to a good independent agent in your area and see what they have to say. They represent multiple companies, and can shop around to get you the right coverage for you. After getting their best recommendation, compare it to the offers you've received from the companies that don't write through independent agents, such as State Farm, and see what looks good to you. One thing to keep in mind is if you plan to live in a different state in the future, and if your company can cover you in your new location. There are many wonderful insurance companies that only write within one small area, and if you want to keep the same company you may want to look at a national insurer (especially one with a discount that goes up the longer you're with them).Additional input
Insurance companies give multi-line discounts that are applied through the company you have current coverage with...auto, life, business owners etc. You can often get a good rate from a current insurer.
No, Homeowners insurance is in the Property and Casualty lines and issued with terms of 1 year or less. It is not an investment vehicle and as previously stated it does not build value over time.
Homeowner insurance, like Auto insurance or Healthcare insurance is a form of risk transference. In other words, we pay a premium to the insurer, the insurer then agrees to pay up to the specified amount "if" in the event of a covered loss. The rates charged reflect short term risks of what losses may or may not happen within that year or term.
Life insurance is a different kind of animal in that there is little risk involved. It is assured that we will all die eventually, there is no "if" component. Borrowing is not a problem in that the funds would be paid out at some point anyway. If we fail to repay a loan against our life insurance policy then the insurer can simply recapture those funds when we die by subtracting the balance owed from the policy proceeds.
Your letter should be friendly, direct, well written and polite. You should begin by saying something like, "Everyone is so busy these days that we wanted to bring something to your attention that you may have not noticed." You should simply state the facts and enclose a couple of photos to illustrate your point. It might be helpful to take a photo of the path the tree will take when/if it comes down that will also serve to imply the damages it will cause.
Inform your neighbor the tree is in need of removal and state clearly the reasons why. If the tree has already caused any problems explain them simply with just the facts. For example:
You might add that your insurance company has advised you to contact the neighbor in writing in case the company is asked to pay for damages when the tree finally falls. You can offer to make a contribution to the cost if you are willing, can afford it and want to do everything possible to get your neighbor to have it removed.
End your letter with a friendly, positive statement such as, "Thanks for your attention to this problem." Send the letter by certified mail and keep you green card in a file along with a copy of the letter and copies of the photos you sent.
Either your neighbor will act upon receiving your letter or ignore it. If there is a disaster caused by that tree, or if you need to sue for damages at some later date, the green card, letter and photos will be prima facie evidence that your neighbor was negligent.
In general, yes. However, as in any such suit, it is the Plaintiff's burden to prove the following elements: (1) the existence of a duty; (2) breach of that duty; (3) proximate causation (but for the breach, an injury would not have occurred); (4) compensable injuries.
Usually, such an action would be for negligence. The concept of negligence is embodied in items 1-3 above and, strictly speaking, is at odds with the concept of a legal "accident". This is because a true legal accident does not contemplate fault--it is something that happens without someone failing to adhere to a legal duty.
Another issue is that if you are dealing with a public school, there is the concept of "sovereign immunity". To make a very long story short, this generally requires the claimant to provide notice of the intention to make a claim in advance of making it. It is not the same as a statute of limitations (the limitations period for a claim against a government entity can be shorter than the statute of limitations for the same kind of cause of action against a private party).
Contact your insurance agent and have hin run a loss history on the property address
There are two kinds of insurance that cover condominiums.
1. The association buys a master policy to insure all the real estate assets owned in common by all the owners. You pay this premium from your monthly assessments.
2. A unit owner buys an HO-6 policy, that insures what the owner owns, including personal property. You pay for this individually. You can purchase 'actual cash value' (depreciated value) or guaranteed replacement cost' (replace with new) coverage.
Consult your governing documents and your master policy to determine what you need to insure so that your HO-6 policy dovetails with the master policy: you don't want overlapping insurance, nor do you want any gaps in coverage.
Furthermore, understand that the coverage that you purchase, may be distinct from the coverage of the master policy, covers that which is "within the four walls" of the unit, whereas the association policy covers the structure itself (the "common areas"). Or not.
Best practices dictate that you work with a broker or agent who understands associations, so that you get exactly the coverage you need.
If your home is covered for it's contents, yes. But if it's the only thing damaged, a new TV will probably cost less than your deductible, hence you'd pay to replace it yourself. If it's lost along with a lot of other things, in a fire or burglary, tehy are all covered, again, after your deductible.
Insurance rates, upon which premiums are based, depend not only upon the amount of coverage (the "coverage limits") but more, the nature of the risk. Homeowners insurers therefore will consider the presence of a pool in the risk calculation. Further, from the standpoint of physical damage coverage, you will want to include damage to the pool from an adverse event, so you may choose to increase the dollar amount of coverage. Those two factors may, and probably will, lead to an increase in premium.Here are some other answers:
Typically not. If the squirrels got in through a hole in the roof that was caused by something covered, like a tree falling, then they would cover the cost of fixing the hole. But the squirrels will have to be caught by a professional you hire to do so at your own expense.
Yes, But only if you have water overflow endorsement on your policy. Otherwise there would be no coverage.
Nobody is liable for an act of nature. The comprehensive portion of your own auto insurance would cover the damages to your own car.
When buying insurance, it is key that you get an explanation, preferably in writing, from a broker when/if the policy uses any of these terms, to satisfy yourself that you're buying the coverage you need/ want.
Here's one interpretation of the terminology, which is not standard:
You'll have to contact your insurance agent and ask them, There are many different levels of Homeowners Insurance and it really depends on the breadth of coverage you purchased.
As a general rule though. If the pipe collapsed due to a covered peril then it would be covered. If it collapsed due to age or normal wear and tear then it will likely not be covered due to it's being a maintenance issue.
More than likely the contractor's insurance policy would not respond as his inability to complete the job is not a covered cause of loss on his liability form. There is a way to protect this exposure, however. Prior to awarding a contract to perform work by a contractor you can require a performance and payment bond. The insurance company will pay the money necessary to hire an alternative contractor(s) in his place to guarantee that the job will be completed. It is important to note, however, that a bond does not work the same way as a traditional liability policy. Where a traditional liability policy will indemnify the injured party subject to any applicable deductibles, a perfomance and payment bond requires the bonded entity to indemnify the insurer once they have met their obligation to the party holding the bond. In other words, the contractor will have to pay back the bond company any money paid to to insure the job is completed. This requires stringent underwriting and the disclosure of much financial information and the contractor's work load, often times requiring the contractor and spouse to individually indemnify the insurance company.
However, there is an "if" to that question as with many insurance issues. If the tree was normally healthy and the wind blew it down is the first area to consider.
1- Your insurance company would not pay for damages to the neighbor simply because you have no legal liability to the neighbor for the act of nature that caused the loss. Your first-party insurance is specific to you and your property, not his.
If the tree was obviously dead and you had prior notice from obvious observation or actual notice from the neighbor (usually by certified mail) of the dangers, you would have had a duty owed to the neighbor to abate that danger or hazard. Your failure to abate the danger would be the causal relationship to his damage.
2- In the above case, the insurance carrier would possibly pay for the damage to the neighbor out of the liability portion of your policy. The reason for this is the verbiage: "we will pay all sums you are legally liable to pay" in the liability section of the policy.
Disclaimer: This is general in nature and should not be used in any specific case or tort. Each carrier and each jurisdiction may have varying opinions in this area.
3. Furthermore, if your own insurer paid the claim resulting from the fall of a neighbor's tree, the payment would be subject to the policy deductible. The deductible is the amount set forth in the policy that you have agreed to pay toward the repair of a covered loss. In return for its payment, the insurer would succeed to whatever rights that you had to recover its payment, which is a process called subrogation. You are not a party to that action (unless you choose to be in order to recover your deductible), but you are likely to be a witness at any trial that is held.
Here are more opinions and answers from other FAQ Farmers:
There is no readily accessible database for this. Contact your agent to see if they can assist.
In insurance, we like to say that the difference between PC 1 and PC 10 is how many people are watching your property burn! The truth is that the number correlate to population densities. PC 1 is a major urban center and PC 10 is wide-open country. On any property policy the distinction between PC 1-8 and 9 and 10 has to do with Fire Protection. 1-8 Means that you likely have a fire hydrant (or qualifying suction point) within 1,000 feet or less to your property AND a fire department within 5 miles (of paved road). PC 9 means no hydrant or suction point, but you still have a fire department within 5 miles. PC 10 means you have none of the above. ------------------------------------------
To further clarify the above information, fire protection class is determined by ISO (Insurance Services Office) - a national organization that sets loss costs, rates, publishes standardized policy forms and conducts inspections to determine the effectiveness of local fire departments and building codes. Unfortunately, your protection class is not something that be negotiated with the insurer....
Homeowners Insurance after 3 claims
Yes, you can still obtain insurance after 3 claims but depending on the nature of those claims you'll probably have to pay a much higher premium than before. You may have to search around before finding an insurer that will accept you.
Weather related claims are generally considered beyond our control so you will typically not be penalized for these claims.
Certain other claims such as plumbing leaks or damage due to overgrown trees and theft however, could indicate a lack of maintenance, poor security measures or a moral hazard on the part of the insured. These types of claims can be counted against you and can effect your premium rate as well as your insurability.
Home Insurance It is harder to buy insurance if you have filed many claims. Claims due to water pipe leaks, fire, theft and vandalism have negative effects on your claim history. Future coverage may be reduced (no more all-risk or replacement cost) and deductibles may be increased. The reason for this is because insurance companies are in the business of rating and charging for risk.
It depends on what the claims are for It does depend on what the claims are for. If they are from leaking pipes, fires, roof leaks, etc... or lack of maintenance related claims, it may become harder to find an insurance company that will take the risk or if they do you will pay for it. On the other hand, if you were lucky enough to live in Florida when the train of hurricanes came through and had damage from 3 different storms it will not be held against you or at least not as much and this is due to it being an "Act of Nature" and nothing that you had any control over. However, many former Florida insurers ceased writing homeowner's insurance in the State because of the hurricanes. Therefore, residents were forced to obtain insurance from other sources. Many flocked to Citizens Property & Casualty Insurance Company. Citizens was never intended to grow as large as it has become (it is now the largest homeowner's insurer in the Florida). It has tried to depopulate by offering incentives to so-called "take-out" companies to offer insurance to policyholders. Some of the take-out companies are solid and some are less so, to the insured muse be careful, as must the agent which, in theory,, may have some liability for placing the insured with a financially weak insurer.
Homeowners insurance and Dogs
No insurance company discriminates against a dog or breed, However, Insurance companies are increasingly unwilling to be liable for injury due to dog attacks and more specifically certain breeds that have been associated with historical high liability claims rates.
Many insurers are no longer being specific about the type of dog covered because policy language and structure these days increasingly excludes coverage for all damage or injuries caused by pets by default. When they are excluded it no longer matters as to your dog breed because no coverage is afforded for damages that result from our choice of pet.
More Input from Faq Farmers
Allstate Insurance, I have had very good service from this company. I own Cane Corso Mastiff, Dogo Canario, and Doberman. Additionally, I foster all breed types. When I added this home to the policy, they just came out, looked at the exterior of the home and that was it. No problems.
I would be careful to make sure you are being up front with your insurer regarding your dog's breed. This issue is relatively new to the marketplace and is ever changing. Many insurers will charge you more premium for a specific breed and others will exclude certain breeds if you have a claim. As long you are upfront with the breed and understand the ramifications of having that breed (higher premium, reduced coverage, etc) then you should be all set
If you research on the internet, you'll find insurance companies that cover pets specifically. I keep parrots, but my insurance company won't cover them under my homeowners insurance...I have to buy a special policy, and then they won't cover death from illness and certain other things. They won't cover my dogs either without special riders and extra money.
Asked By Cherry
What is pokediger1s password on roblox?
Asked By Wiki User
What is 724 rounded to the nearest hundred?
Asked By Wiki User
Asked By Wiki User
Does a renter have insurable interest?
Asked By Wiki User
Where can you find ISO fire protection codes for Georgia?
Asked By Wiki User
Does homeowners insurance cover injury to a construction worker?
Asked By Wiki User
Who pays for title insurance on a home for sale by owner in Kansas?
Asked By Wiki User
Copyright © 2020 Multiply Media, LLC. All Rights Reserved. The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply.