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CATdawg -> RE: fallen tree on roof (7/28/2006 11:16:44 AM)
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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.
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