fallen tree on roof
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fallen tree on roof - 7/28/2006 8:05:39 AM
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quarky
Posts: 11
Joined: 11/19/2004
Status: offline
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For those of you that have adjusted in FL, GA, etc where the huge 100 year old live oak trees are found, I have a question regarding such. I inspected a property were the huge lower limb that was growing out 4 feet from the base of the trunk, had started to crack and break about 7-8 feet from its attachment. At this breaking point, the limb was deteriorated and had an open old "wound" exposing the inside of the limb. It has not completed broken off, maybe partly due to the fact the far reaching limbs are resting on the house. Yes, it did minor damage to sheating and shingles. The back half of this huge tree was already dead and decaying. The insured stated that there was no wind, lightening, etc. at the time of the occurrance, they were sitting on the front porch when it happened. And then the center of the roof was tarped from what they insured stated was shingle damage due to Alberto about 4 weeks ago, with minor enusing water damage to the interior.
Now I know that I must have a cause of loss and usually trees falling on houses are from wind, lightning, etc. But a weather report confirms her statement of no significant wind or storm on that day. But about 1 mo. prior there were approximate winds from Alberto according to the weather data.
If this was your file, how would you handle the tree limb breakage? Age? Deterioration? Possible wind contributing to the loss from earlier storms?
TIA for your input,
IA in FL
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RE: fallen tree on roof - 7/28/2006 11:16:44 AM
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CATdawg
Posts: 158
Joined: 2/26/2006
Home base: Keller TX
Status: offline
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Assume a standard HO 3 policy:
If the limb had broken off completely without previously having caused mechanical damage, damage would be covered under the "falling objects" peril. The HO 3 also covers all perils not specifically excluded (exclusions include flood, earthquake, war, nuclear accident, landslide, mudslide, sinkhole, and other perils specified in the policy), so damage from a hanging limb should also be covered. Refer to Section I- Perils Insured Against, and Section I- Exclusions.
However, mechanical damage prior to the current loss (see Definitions- B. 8. "Occurrences"), could be interpreted as a failure to mitigate further damage (Section I- Conditions, B. Duties After Loss, 4. "Protect the property from further damage.."
If all the damage occurred in the current loss period, and the homeowner was previously aware that the tree was in a sorry state and likely to deteriorate further, the loss should still be covered, as "negligence" and "procrastination" are not specifically excluded.
If the tree had been seriously damaged by lightning in a previous storm, loss of the tree would have been covered up to $500 (Section I-Property Coverages, E. Additional Coverages, 3. Trees, Shrubs, and Other Plants).
Also, see Section I-Property Coverages, E 1. a. (1) and E. 1. b. (1) for debris removal coverages.
Since you stated that there is only minor damage to shingles and sheathing, there might not be a net loss after applying the deductible.
< Message edited by CATdawg -- 7/28/2006 12:25:39 PM >
_____________________________
Lee Norwood
"Many a time have skillful workmen tried to contrive a wheel that shall turn of itself..." -Archimedes
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