by Guest » Sun Jul 27, 2008 07:52 pm
Two dead trees behind my fence that belong to a condo association. I sent them a letter two weeks ago stating that the trees represented a danger to my property. Need I say more. One fell last week and took out five chain link sections including posts and destroyed a panel in a picked fence. An aopple tree and sereral smaller trees and plants are gone. The second tree fell and is being held up by a section of chain link. It has a 30' foot section hanging over my garden.
My insurance company says that their responsibility is to cut the tree but not remove it. Fine. But exactly what do they mean? Cut to make repairs? Assess damage? Their adjustor will be down Monday. I will also get estimates on repair of fence and tree removal. I have a $500 deductable.
I also hand delivered a letter to the cono association stating current conditions and danger and have not heard from them. My insurance agent says it would be in their best interests to contact you and pay for all work rather than even filing a claim.
I have a bad feeling about all of this. In the past I've had to fight insurance companies over even minor auto issues. The condo association appears in a hear no evil see no evil mode.
This is in Massachusetts. Any suggestions? Any experiences?
My insurance company says that their responsibility is to cut the tree but not remove it. Fine. But exactly what do they mean? Cut to make repairs? Assess damage? Their adjustor will be down Monday. I will also get estimates on repair of fence and tree removal. I have a $500 deductable.
I also hand delivered a letter to the cono association stating current conditions and danger and have not heard from them. My insurance agent says it would be in their best interests to contact you and pay for all work rather than even filing a claim.
I have a bad feeling about all of this. In the past I've had to fight insurance companies over even minor auto issues. The condo association appears in a hear no evil see no evil mode.
This is in Massachusetts. Any suggestions? Any experiences?
Posted: Sun Jul 27, 2008 09:00 pm Post Subject:
My insurance company says that their responsibility is to cut the tree but not remove it.
I'm not sure who you mean by "their".I'd think liability is clearly against the condo association and that their insurance company should be able to pick up 100% of your loss.
Posted: Sun Jul 27, 2008 11:10 pm Post Subject:
My insurance company says that their responsibility is to cut the tree but not remove it.
His condo policy will only pay to get it off his condo...so no additional damage can come inside....I doubt you will have any problem at all...clearly the condo association (who owns the outside) will be all over this one....any damage to your interior?Posted: Mon Jul 28, 2008 12:04 am Post Subject:
Only damage I have is to the fencing and shrubs. House is 100' from the damage. The property the trees were rooted on belongs to the Condo association and the trees are at the very edge of their property line abutting my property. The condo's are about 500' away.
To clarify. My insurance adjuster told me over the phone that the only responsibility they have to to cut away the trees that they can assess damage and repair the damage. I have replacement cost on the property so I assume that means out buildings and the fencing. I have not been able to lacate my entire policy to determine what their responsibility is regarding debris. I am wary since I suspect a song and dance on this deal.
When I reported the claim on Thursday I mentioned the heavy rains and wind in our area. Some nasty thunderstorms and even a tornado 50 miles south of us so this tree had some help.
The association is frustrating to deal with in that I contacted them an hour afetr the trees fell and followed up with a letter the next day. I expected at least a phone call and I suspect I may have to take legal action if that is appropriate. At this point I have no idea of the costs involved but a safe guess would be $2000, with the bulk being tree removal.
Posted: Mon Jul 28, 2008 12:38 am Post Subject:
Just to me clear, you are not an owner of one of the condos... you own a house abjacent to their property?
Posted: Mon Jul 28, 2008 12:50 am Post Subject:
Yes....correct. I have a home and the condo association and property abuts mine. They have a field of about an acre that seperates our property and it is never maintained.
Posted: Mon Jul 28, 2008 02:11 am Post Subject:
Then I would say you have a rock solid case for the association and/or their insurance company paying for 100% of your loss. Yes, they will only consider actual cash value of the damaged property though. Shrubs should appreciate but the fence would depreciate.
Posted: Mon Jul 28, 2008 10:09 am Post Subject:
Well that makes a lot more sense! Most HO policys (in my state anyway)...Have debris removal...it is a reimbursement coverage on some and a limited coverage on others..Find your policy....also to be clear when it fell was a storm going on? and didn't you say you reported a dead tree to them two weeks prior?
Posted: Mon Jul 28, 2008 02:30 pm Post Subject:
Insurance adjuster was down this AM to look at the damage and will send me his write up in a few days. When I recieve a packet from his company he stated that I should send back with it the letters I sent to the condo association as if they take no action his company will to recover costs and get me my deductable back. As he said: "Let us work for you." Oh boy!
I will wait the next few days until I get info on costs for the work to be done and if I get to hear from the association.
Posted: Mon Jul 28, 2008 09:38 pm Post Subject:
Good...see all that worry for not... :wink: let us know what the condo association says...a little hint, you might get further if you can find out who their liablity carrier is and file the claim directly with them yourself. Rather than wait on them to have about three meetings then call someone ... :roll:
Posted: Thu Jul 31, 2008 07:57 pm Post Subject:
Adjuster for the condo association just reviewed the claim. I have an estimate of $830 for total tree removal and another $950 for fence repair. We also have two hemlocks that will have to be removed and both are rather small. They are considering a liability claim and he asked if $2,000 would be appropriate and I agreed. Will follow up if any "bumps" happen.
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