Legal/Insurance Question

I just did this one awhile back for someone else - but mind you it was Maryland and VA or DC may be different. Here is the quote from the relevant Maryland case (it, in turn is citing a Massachusets case):

Where the defendants knew that the tree on their property was decayed and liable to fall and to damage the property of [his neighbors], we think and hold that the defendants were under a duty to eliminate the danger and could not with impunity place such burden to remove the tree on [the plaintiffs].
From Melnick v. C.S.X. Corp., 68 Md.App. 107, 510 A.2d 592 (1986)(quoting Kurtigian v. City of Worcester, 348 Mass. 284, 203 N.E.2d 692 (1965)).

If your friend can show that the neighbor had knowledge that the tree was rotted, he may have a shot. If the company STILL denies it, call the VA Insurance Commission - they may be able to help.

Awesome. Thanks guys, this is exactly what he wanted to know.

As far as I know, when someone else's tree falls on your property, the part that is on your property.....is now yours. I am a bit surprised that there is no recourse with the car owners, homeowners ins. Like MK said, go over the policy, and see.

He can't file since it's liability and I don't think that would cover a tree falling on his car.

No it wouldn't cover it. He should definitely talk to a lawyer, I think he's got the guy by the balls. Just needs to get some documentation from the city/township showing that Mr. Dipshit knew the tree was rotted, and get it into the hands of a lawyer. Then he can take it from there.

Yeah, I mean he doesn't want to sue his neighbor, just their insurance company. Like he says the costs of having THIS guy on your bad side isn't worth it, but he definitely wants to take it to the insurance company.

If the company still fights it, go to the VA insurance commission before going to a lawyer - if they can do anything, they do it for free. It may just take a call from them to the insurer to get it done.

Good call. He told me to tell you guys he appreciates it...

This is how it works. If a healthy tree falls on you neighbors home, car, fense etc... It is considered an act of god and the damage caused would be covered by each persons own insurance. In this case if the neighbor knew the tree was rotten (the key is knew) then they could be held liable because they neglected to take due care of the hazard. The hard part is proven that he knew the tree was rotten. I would tell your neighbor to call his neighbors insurance co. back and ask them to come out and look at the tree for themself and if it is so obivious that the tree was rotten then they should pay. He may want to take pictures of the tree and where is rotten and then send them to the adjuster.The other problem is that you do not know what the neighbor is telling his ins. co. Now if the tree was rotten and he honestly did not know then that will make it even tougher.