My neighbor set a brush fire and my trees were damaged as a result?

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My neighbor set a brush fire and my trees were damaged as a result?

The fire department came out and ruled the fire as unattended and that he was negligent. I have filed a claim with his insurance company. Although they had an arborist to come out and value my trees they do not want to pay replacement costs for me to replace the trees with what is commercially available. Several 65 foot pine trees were lost. I will have to replace with 25 foot trees that are available., however they don’t want to pay what their own arborists have said the trees are worth. What can I receive for these trees?

Asked on November 23, 2012 under Real Estate Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You will need to fight this ASAP.  You may need your home insurance company to obtain a lawyer for you -- see if one can be provided at no cost and have that insurance recoup its legal fees from the other insurance company. Sometimes even a threat of a lawsuit is appropriate. You may also wish to file a complaint regarding bad faith negotiations and unfair activity - file this with the state insurance board.


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