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	<title>Comments on: If a Tree Falls…Who Makes the Insurance Claim?</title>
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	<link>http://blog.equifax.com/insurance/if-a-tree-fallswho-makes-the-insurance-claim/</link>
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	<lastBuildDate>Tue, 18 Jun 2013 14:43:17 +0000</lastBuildDate>
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		<title>By: LINDA REY</title>
		<link>http://blog.equifax.com/insurance/if-a-tree-fallswho-makes-the-insurance-claim/#comment-18836</link>
		<dc:creator>LINDA REY</dc:creator>
		<pubDate>Tue, 07 May 2013 22:09:30 +0000</pubDate>
		<guid isPermaLink="false">http://blog.equifax.com/?p=3398#comment-18836</guid>
		<description><![CDATA[Frank,
First, you might want to consider contacting your agent so they can note your file in the event of a future incident with this neighbor.

Second, if an arborist has deemed the tree healthy, I recommend that you send to her the arborist&#039;s finding so she knows you have looked into it and have taken responsibility to mitigate further damage. You are not required to remove a healthy tree just because she is worried.

You are right, it is an act of God; you are not responsible for her property damage on her owned premises.

If she has chosen to be a homeowner in an area where there are trees, unfortunately, this can happen. Otherwise, she should consider a condominium. ;-)]]></description>
		<content:encoded><![CDATA[<p>Frank,<br />
First, you might want to consider contacting your agent so they can note your file in the event of a future incident with this neighbor.</p>
<p>Second, if an arborist has deemed the tree healthy, I recommend that you send to her the arborist&#8217;s finding so she knows you have looked into it and have taken responsibility to mitigate further damage. You are not required to remove a healthy tree just because she is worried.</p>
<p>You are right, it is an act of God; you are not responsible for her property damage on her owned premises.</p>
<p>If she has chosen to be a homeowner in an area where there are trees, unfortunately, this can happen. Otherwise, she should consider a condominium. <img src='http://blog.equifax.com/wp-includes/images/smilies/icon_wink.gif' alt=';-)' class='wp-smiley' /> </p>
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		<title>By: Frank</title>
		<link>http://blog.equifax.com/insurance/if-a-tree-fallswho-makes-the-insurance-claim/#comment-18826</link>
		<dc:creator>Frank</dc:creator>
		<pubDate>Tue, 07 May 2013 16:48:36 +0000</pubDate>
		<guid isPermaLink="false">http://blog.equifax.com/?p=3398#comment-18826</guid>
		<description><![CDATA[I have a similar situation going on with my neighbbor.  My tree is not dead but I think they would like it to be.  We had a storm and a branch fell in her back yard and broke a patio table and some chairs.  My research shows that this is an act of god and she should be responsible for the damage.  However she is insisting that since it is my tree I should be responsible.

After the storm there were some hanging branches and a different neighbor made me aware of them.  I had a certified arborist come in and cut down the dangerous branches to stop any current threat.  I made a second appointment with the arborist where they came out and did some Crown Cleaning in the tree.  We plan on having the tree inspected each year but as far as the arborist is concerned it is a healthy tree.

So my neighbor wants me to remove the tree completely and pay for the damage to her table and chairs.  I&#039;m kind of at a loss since I don&#039;t feel that it is my legal responsibility to pay for the table and I don&#039;t want to kill a healthy tree.  

Also I did offer in the spirit of being a good neighbor to pay for the table and chairs as long as it was acknowledged that it was a neighborly gesture and not an admission of liability on my part.  The neighbor refused to acknowledge this and says if anything else happens with the tree it is my fault.

Any thoughts would be helpful]]></description>
		<content:encoded><![CDATA[<p>I have a similar situation going on with my neighbbor.  My tree is not dead but I think they would like it to be.  We had a storm and a branch fell in her back yard and broke a patio table and some chairs.  My research shows that this is an act of god and she should be responsible for the damage.  However she is insisting that since it is my tree I should be responsible.</p>
<p>After the storm there were some hanging branches and a different neighbor made me aware of them.  I had a certified arborist come in and cut down the dangerous branches to stop any current threat.  I made a second appointment with the arborist where they came out and did some Crown Cleaning in the tree.  We plan on having the tree inspected each year but as far as the arborist is concerned it is a healthy tree.</p>
<p>So my neighbor wants me to remove the tree completely and pay for the damage to her table and chairs.  I&#8217;m kind of at a loss since I don&#8217;t feel that it is my legal responsibility to pay for the table and I don&#8217;t want to kill a healthy tree.  </p>
<p>Also I did offer in the spirit of being a good neighbor to pay for the table and chairs as long as it was acknowledged that it was a neighborly gesture and not an admission of liability on my part.  The neighbor refused to acknowledge this and says if anything else happens with the tree it is my fault.</p>
<p>Any thoughts would be helpful</p>
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