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Member TPVFD
 
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Default Fallen Tree & Insurance question

3rd eye wrote:
I've got a neighbor whose tree branches fell on my garage busting up
the gutter & who knows what else.
Until the branches are removed I can't asses the damage
This occured after a heavy snow.

She's telling me her insurance won't cover it.

Does this sound right?


Depends on your state. I was waiting to testify in a different court
and waited in the small claims court. One case was about a tree that
feel into the plaintiffs yard and destroyed his shed and deck. The
judge told him that the falling from natural cause of any tree in the
state of Maryland was an act of God. The plaintiff tried to persist and
the judge told him that the tree falling into his yard was God's way of
telling him he needed fire wood more than he needed his deck and shed.
The judge then dismissed the case with prejudice so that the plaintiff
would have to successfully appeal the dismissal before he could bring
the case in regular court. I have no way of knowing if the judge acted
properly and even if he did it would only be representative of Maryland
law.
--
Tom
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m Ransley
 
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Default Fallen Tree & Insurance question

Now if the tree was dead and you notified him in writing of its danger
then the neighbor may possibly be responsible.

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