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Re: Legal/Insurance Question
Quote:
Originally Posted by JoeRedskin
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.
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Awesome. Thanks guys, this is exactly what he wanted to know.
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