Is a utility company responsible for the insurance deductible if a downed power line caused a surge in power which in turn caused damage to a homeowner’s things?

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Is a utility company responsible for the insurance deductible if a downed power line caused a surge in power which in turn caused damage to a homeowner’s things?

Can consumers be held responsible for the damage to electronics in the house?

Asked on April 24, 2012 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Most likely the utility company would not be responsible for one's insurance deductible if a downed power line caused a power surge damaging the homeowner's personal items if the power line went down as a result of a storm or a tree branch or tree falling.

The reason is that the cause of the power line going down in the above examples is due to "environmental causes" and under the law a person is not responsible for damages to a third person caused by "environmental causes".

However, if the utility company knew that the power line was a problem and did not correct the issue in a timely manner where damage to you resulted, then perhaps the utility company would be responsible for the deductible regarding the damages items of the homeowner.


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