Neighbors dying tree fell on my pool. The neighbors state they didn't know the tree was dying.
Question Details:
In the last two months, my neighbor had 2 weeping willow trees fall on my property, both dying. the 1st hit my pool causing damages. I took pictures and also cleaned up the majority of the 1st tree. The other is still laying in my yard. There insurance says it's a act of god and that there not liable because they didn't know the tree's were dying. I have had a couple claims on my ins in the last 2 yrs, I don't feel that I should have to go through my insurance. I also have pics of trees before they fell. Should I get a lawyer or just go ahead and call my insurance?
Insurance Law Law Answers
I am a lawyer in CT and practice in this area of the law. The "Act of God" defense is the oldest trick in the book. this is completely disingenuous absent a serious storm happening the day before or a wind storm. i suggest that you go on line and get a print out of the weather conditions the day in question and then see a lawyer about filing a small claims lawsuit against the neighbor as this is a problem that you need to have stopped. most lawyers will meet with you for free. the down side of this is that you will have angry people that you have to live next to and they will try to get you back for something in the years to come.
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