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Posted: 8/28/2015 11:43:08 AM EDT
I have a giant tree (prolly 70 feet tall) in my yard close to the house that I had trimmed.  The tree guys are now telling my wife that the tree is badly rotten in the top and it needs to come down because it poses a safety risk to the house.  Seem to me that insurance should cover the cost of this, correct?  The tree guy told my wife not to call the insurance company because they won't pay and if they know that we know the tree was a risk and we didn't do anything about it, they won't pay for any damage the tree causes.  That sounds like 100% nonsense to me.  I am paying the insurance company to take the risk, if they do or don't act on a risk factor that's their business decision in my mind, I fully expect to be insured regardless.

So my questions are 1. do insurance companies pay for tree removal and 2. if I notify my insurance company that the tree is in bad shape and I don't have it removed, can they refuse to pay for damages caused by the tree?  

This is the tree in question, the house is just out of frame on the left.  They are going to give me an estimate on removal next week.  I really like the tree and am not happy at all about this development:

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Link Posted: 8/28/2015 12:07:30 PM EDT
[#1]
Agent in PA...not sure of MD laws.  Just my opion, not legal advice...

Company will not pay to remove tree.

Other question is gray area...Before you knew it was rotten, would pay for damage.  Now that you know...better read policy.  Probably would pay for loss but might not.

If a danger to anyone else property, you could be found negligent for not taking care of it when a know risk.  

Also, think worst case...it falls on and kills a guest.  You knew it was rotten, get sued, found negligent...Punitive damages not insurable in PA.  Not sure about MD.

If you were my client, I'd advise you take it down.  Even covered losses suck to go through.
Link Posted: 8/28/2015 3:13:45 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Agent in PA...not sure of MD laws.  Just my opion, not legal advice...

Company will not pay to remove tree.

Other question is gray area...Before you knew it was rotten, would pay for damage.  Now that you know...better read policy.  Probably would pay for loss but might not.

If a danger to anyone else property, you could be found negligent for not taking care of it when a know risk.  

Also, think worst case...it falls on and kills a guest.  You knew it was rotten, get sued, found negligent...Punitive damages not insurable in PA.  Not sure about MD.

If you were my client, I'd advise you take it down.  Even covered losses suck to go through.
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I'm in property damage restoration and run into this frequently with clients with all number of insurance carriers.  In my experience, i've never run into someone with a policy that would cover bringing down the tree in your situation.  I've seen coverage for removing the remaining portion of a tree that was placing the risk in danger exactly once.  Every other time it's been the policyholder's responsibility.  (a tree breaks in half and falls on house/garage and the tree remaining standing is in danger of falling due to structural defect or disease, for example)

Also, OP, now that you've been told, it's up to you to have it taken care of as every carrier i've ever spoken to in this situation has said 'in light of this information, if the tree comes down, anytime after today, there's no coverage'

If you talk to your carrier, they become aware that you're aware.  If you don't, and something happens later, they may talk to a neighbor who might say 'oh ya, i saw xxx tree company out there a couple weeks ago.. '    both very bad news if you have a loss and try and claim ignorance.  bad as in possible jail, bad.

Covered tree losses, again, in my experience, generally have some limitation  on removing a tree/limb from an insured structure, a lot of times it's 'fair and reasonable', infrequently it's 'xxxx $'s', and i've run into a limitation on remove the tree/limb once it's on the ground from the site for every one i've worked.  There may also be some limited coverage for general tree debris removal as well, but as vetmotox said, read your policy.

again, i'm not your carrier, i'm not your adjuster and i'm not your agent.  Read your policy and contact your carrier as necessary.... personally, i'd have a crew taking that tree down right now if i was told that by an arborist.

don't be afraid to get a second or third opinion. I can't say whether you'd get a less biased opinion if you pay for them, because i don't know the tree people in your area... don't be afraid to pay for that second or third opinion.  Get those opinions in writing if they say the tree is good, and hang onto that report.
Link Posted: 8/28/2015 3:19:28 PM EDT
[#3]
Homeowner's insurance does not pay for maintenance expenses.
Maintaining the tree is a maintenance expense.

You could even be on thin ice if the tree now falls and damages your house.
You have been warned their is a problem.

Failing to exercise due diligence could give the insurance company grounds to deny a claim.
Such things are completely state dependent since that is who regulates insurance companies.
Link Posted: 8/28/2015 7:48:51 PM EDT
[#4]
Many thanks guys, not what I wanted to hear but it is what it is.  I guess I have to spend some money
Link Posted: 8/28/2015 9:07:18 PM EDT
[#5]
State Farm told me that they don't pay for tree removal, and if it falls and causes damages, they won't pay for that either since it would be my fault for not properly maintaining it.
Link Posted: 8/28/2015 9:43:07 PM EDT
[#6]
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Quoted:
State Farm told me that they don't pay for tree removal, and if it falls and causes damages, they won't pay for that either since it would be my fault for not properly maintaining it.
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did you tell them you had a tree that needed to come down due to a health issue ?

if so, then ya, they won't and won't.


i'm working an sf claim now where a tree split in two during a wind storm and damn near split the roof over their kitchen in two.

their policy said 'fair and reasonable' to get the tree on the ground, $500 for general debris removal, including the portion of the tree that did damage to the home.  no coverage to remove the remaining portion of the tree that was still standing but threatening their garage.

read your policy and understand it.  there are some universal generalities, however, your policy is your policy and can be vastly different from the next persons.
Link Posted: 8/31/2015 12:33:01 AM EDT
[#7]
Generally even debris removal is sublimited, if included at all.  Outside of some sort of "service contract" I wouldn't expect anything to pay for preemptive tree removal.

 
Link Posted: 8/31/2015 10:24:13 PM EDT
[#8]
A friend had two large hickory trees come down in a micro-burst storm.

One just landed in his yard.
No clean up coverage.

The other smashed a chain link fence.
That one received clean up coverage.

The tree guys did the other tree for not a lot since they where already there.

I had firewood for many years.
Link Posted: 8/31/2015 10:28:00 PM EDT
[#9]
Have you gotten a second opinion?

Tree looks fine to me.

Link Posted: 8/31/2015 10:30:44 PM EDT
[#10]
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Quoted:
Have you gotten a second opinion?

Tree looks fine to me.

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This
Link Posted: 9/4/2015 7:22:45 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


This
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Quoted:
Quoted:
Have you gotten a second opinion?

Tree looks fine to me.



This


Yep.  Though it does appear to be a red maple, and that bole looks a little gnarly.

Could be something wrong, could be the "tree guys" wanting to make some money.
Link Posted: 10/20/2015 2:43:02 PM EDT
[#12]
Second opinion and at least three bids.
I just had some tree work and the bids ran from $580 to $300, this was trimming a Jacaranda tree that had branches hanging over a neighbors pool.
Link Posted: 10/20/2015 2:56:33 PM EDT
[#13]
southern oak looks in fair shape give it some fertilizer. tree guy is trying to rip you off. no your insurance co could give two shits about your tree .if you tell them they will cancel your policy or non renew it.insurance only get involved with trees if it falls on the dwelling than they will pay for removal. and repair to building .this is true in all states. loco the insurance DR
Link Posted: 10/20/2015 8:38:06 PM EDT
[#14]
The only way to escape now is to have sample boring done to show the trunk is solid.

Liability attaches to the company doing the boring.
It is often less expensive to have the tree removed than to try and demonstrate  there is nothing wrong with it.
Link Posted: 10/21/2015 10:31:47 AM EDT
[#15]
I know I'm late to the party, but that tree looks fine to me too.

Tree removal is like hiring a paver. A lot of scammers out there. Get 3-5 estimates and check references.
Link Posted: 10/21/2015 5:58:09 PM EDT
[#16]
I have been an Arborist for 15 years.


Your best bet would be to find a consulting aborist in your area and pay them for an inspection, when done you will have a written report along with pictures of any defects as to the condition of the tree.


As others have said there are many shady tree guys out there.





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