rotten tree branch damage storage shed during storm. will insurance cover damages even if the tree was rotten?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jun 1, 2012

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Insurance Question from Selma, NC

Asked on 06/01/2012

rotten tree branch damage storage shed during storm. will insurance cover damages even if the tree was rotten? NULL

Answer given on June 03, 2012

The homeowner insurance company may or may not pay for the damages to the shed by the tree. If it is your tree, and you knew it was rotten, then they insurance company could call this a maintenance issue and decline the claim. However, if you were not aware that it was rotten until it actually came down, then there should be coverage for the damage. Of course, the deductible on your policy will be applied to the damage to the shed, and only a portion of the tree will be covered. The insurance policy will pay to remove the portion of the tree from the shed, but it will not pay to take down the rest of the tree. Again, that would be a maintenance issue.If the tree belonged to your neighbor, your insurance company may try to get reimbursement from them, especially if they knew the tree was sick or rotten. That would be considered negligence and their insurance company would pay for the damages caused by the tree branch falling.


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