name of a persons home owners insurance?

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see my neighbors tree fail on my fence and he have told his insurance co.a lie about fixing it. i don,t have any idea of who his agent is,he is not talking about it.and i hav,nt heard from his agent .

  1. Reply
    Tom Z
    June 26, 2011 at 4:49 pm

    You need to submit the claim to your own insurance company. Unless you can prove that your neighbor was negligent your neighbor’s insurance company is not going to pay to fix your fence. If a storm downs a tree it is not likely that it would be considered negligence.

  2. Reply
    June 26, 2011 at 5:04 pm

    How does a tree fail?

  3. Reply
    June 26, 2011 at 5:12 pm

    If he won’t speak about it,and you can prove it was his tree,and hoe much damage it did, you might file a small claims case against him. That way,he will give up the insurance co name,if not, take the case to small claims, and do it that way. Goodluck!!

  4. Reply
    June 26, 2011 at 5:55 pm

    You’re not going to. Your neighbor isn’t liable, for the damage his tree does to your fence. You have to call and file the claim under YOUR homeowners insurance.

    Just like, when the leaves from his tree fall into your yard, you have to rake.

    You cannot file a claim on his homeowners insurance. The only way for you to find out who his company is, is to ask him – but a. they won’t talk to you and b. there isn’t coverage under his homeowners policy for your fence.

    There is no “liability” unless you can prove that he either knocked the tree down, to land on your fence, or unless he knew that the tree was damaged or diseased, before it fell. Not that it WAS damaged or diseased, but that he KNEW it. In 25 years in insurance, I’ve never seen that proven.

  5. Reply
    June 26, 2011 at 6:18 pm

    If you sue him for the damage to your fence, and you win, and his insurance company pays you directly, then you can look at the name of the insurance company on the check.

    If you sue him for the damage to your fence, and a lawyer from the insurance company talks to you or goes to court, you could ask the lawyer.

    If he pays you directly, without going through the insurance company, then it is not really any of your business who his insurance is.

  6. Reply
    June 26, 2011 at 6:22 pm

    You would be better off by filing claim under your homeowners insurance. Your insurance will pay you subject to policy conditions and a deductible ($ 500-$ 1,000, depending on what you chose). Most homeowner policies, properly written, will provide coverage against falling objects (in this case a neighbor’s tree). If your policy states anything between “Broad Form” or “Special Form” causes of loss, then you have it.

    Under our common law system, usually a person is not legally liable for damages caused by natural causes. Nevertheless, there have been numerous cases in which if you can prove that due to lack of property and premises maintenance, the incident happened, there is a possibility that the person may be held liable, therefore this is what I would do if I were in your shoes (2 options):

    Decide on the option that least costs you, in terms of $ $ or time spent on the case.

    Option A

    1. Call your insurer, file a claim…state to them the facts as you know them…let them know your neighbor’s reaction.

    2. Get one or two repair estimates

    3. Your insurance will kick in…remember you have to take care of your deductible.

    Option B

    1. Depending on your relationship with this neighbor and if you feel comfortable with it, you could submit a claims letter or email to the person “at fault”, if this persona has a homeowners insurance, chances are he has liability insurance.

    Liability insurance WILL have to accept claim and investigate, as well as provide investigative and/or legal defense costs for the neighbor. There is no deductible under liability insurance, so your neighbor will not have to bear any costs in relation to that.

    2. This neighbor’s insurance company will probably allege that its insured (your neighbor) was not at fault. Therefore deny your claim.

    Well there’s not much I can say about that except that if you pursue this (be it directly yourself or with an attorney), you could have 3 possible outcomes: no pay…partial payment…full payment.

    The final outcome will really depend on whether your neighbor is found liable or not. This is not up to me, or your insurance agent or the insurance adjuster…is really up to whatever a small claims court, a judge, a court or and agreed settlement finally decide.

    Think about it…it might be easier for you to go to your own insurance company…then again, recall that you will have to bear whatever $ $ deductible is applicable in your insurance contract.

    I sure hope it works out good for you. Best Regards

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