Is my neighbor’s insurance company legally responsible for damage done to my house and car when his massive oak tree fell on them?

Asked on August 3, 2014 under Insurance Law, Illinois


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It depends on what caused the oak tree to fall. 

The insurance company will probably deny the claim if the oak tree toppled due to a storm because the insurance company will claim the storm was an act of God.

If the oak tree was dead and was left standing, your neighbor is liable for negligence for not having it removed.  Negligence is the failure to exercise due care (that degree of care that a reasonable person would have exercised under the same or similar circumstances to prevent foreseeable harm).

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