The question then becomes, who is responsible for the cost of removing these fallen trees and paying for the damage caused to your home? The clear and concise answer is – it depends.
Although you should always consult with a qualified property insurance claim attorney when placing a significant property damage claim, the following is a synopsis of several scenarios and an analysis of who would be obligated for the repair cost under each set of circumstances.
What If My Tree Falls on My Home in Florida?
If a tree on your property falls and causes damage to your home, your homeowner’s insurance policy should cover this loss. The usual home insurance policy is called an all-risks policy, which will provide coverage for all losses that are not explicitly excluded by the terms of the policy. Since very few policies in Florida exclude coverage for falling trees, you should be able to get coverage for this loss from your homeowner’s insurance company. But be aware that insurance companies often try to avoid providing coverage for this loss by asserting that the tree was diseased, rotting, or otherwise imminently ready to fall even without the storm’s encouragement. In this scenario, the insurance company may try to claim that the tree’s fall was due to a maintenance issue. Therefore, they should not be responsible for providing coverage for the loss.
What If My Neighbor’s Tree Falls on My Home?
The analysis is the same if your neighbor’s tree falls on your home. Your homeowner’s insurance policy should provide coverage for the loss. The location or ownership of the tree does not matter for this analysis—your homeowner’s insurance policy should provide coverage either way. Florida law does not hold the neighbor liable if a tree from the neighbor’s property falls on your home. Florida law deems this an “act of God”; therefore, the neighbor is not usually liable to you for this damage. Of course, if it could be shown that the neighbor’s tree was diseased, rotting, or otherwise ready to fall, the neighbor could then be held liable for your damages. In that scenario, your neighbor’s tree would constitute a safety hazard and should have been taken care of by your neighbor before causing damage to your home.
What If a Tree Falls Down and Does Not Cause Damage but Needs to Be Removed?
In general, your homeowner’s insurance policy does not cover the cost of removing trees that have fallen on your property. Your homeowner’s insurance only covers damage to your actual structure and not any damage that may occur to or on your property. Therefore, if a tree falls on your property and does not cause any damage to your home or structure, you will be responsible for the cost of removing the fallen tree. If your tree falls into the street, many municipalities will cover the cost of removing the fallen tree from the roadway. Still, you will remain obligated to cover the cost of removing any remaining amount of the tree from your property.