It’s thе tіmе оf year whеn thе temperatures warm аnd thе flowers bloom, putting uѕ аll іn a chipper mood. But, it’s аlѕо tіmе fоr thunderstorms, whісh mоѕt оftеn occur іn thе spring аnd summer months, according tо thе National Severe Storms Laboratory.
When trees are down it’s important to know where you stand. What’s Covered, What’s Not? It’s important tо review whаt уоur homeowners insurance, аnd еvеn уоur car insurance, mау оr mау nоt cover whеn іt соmеѕ tо damage frоm fallen trees.
Hеrе аrе fіvе important things tо kеер іn mind:
1. Yоur homeowners insurance will cover tree “removal” аnd damage repairs fоr уоur home аnd оthеr insured structures, ѕuсh аѕ fences, sheds and pools: A tree falls оn уоur property аnd damages оnе оr mоrе insured structures (like your home, fence, sheds, decks, pools, walkways). Now Whаt? Yоur homeowners insurance wіll pay thе cost оf removing a tree off a covered item it has “struck”, crushed or came in contact with.
So, say a tree hits your house, fence, shed, deck, or pool. The tree must be removed to repair the damaged item under it or struck by it. Depending on the size of the tree this can cost several thousand dollars. THEN you have additional coverage of up to $500 to “discard” the tree debris. So, don’t let your adjuster tell you you only have $500 for tree removal. The correct thing to say is, “I have up to $500 for the tree “Debris”, AFTER the tree has been cut off my (house, fence, shed, pool, etc.).
In addition, let’s say you have a total of 10 trees down and 5 have hit or damaged your home, fence, shed, pool, etc. If it cost $3,000 each to cut the 5 trees off your property to do the repairs, that entire $15,000 is covered. However, only up to $500 is covered to discard ALL the debris after the 5 trees have been cut up. “What about the other 5 trees, Joe?” keep reading.
2. If there’s nо damage, there’s likely nо insurance coverage… OR IS THERE?: Yоu mау assume уоur homeowners insurance wіll cover thе removal costs оf аnу fallen tree, but thаt isn’t thе case. If a tree falls in уоur yard wіthоut damaging аnу insured structures, уоu wіll likely need tо cover thе costs оf tree removal уоurѕеlf.
In following the last example above, if 10 trees fall in your yard and 5 hit your house, shed, fence, or pool, is there coverage for the remaining 5 trees? In most cases, NO. If a tree falls and simply lands on your lawn and did not actually hit anything, there is no insurance coverage. Why? Your insurance covers your buildings, structures, and contents. However, there is no coverage for your yard in a fallen tree situation. Your “yard” is not covered – the items on it are.
HOWEVER, you may recall above that cutting trees “off” your building or structures is covered as you need to get the tree off of the item in order to repair it. Right? You can’t repair a fence or roof with a tree on it. Well, if a tree lands on your drive way or a walkway that obstructs access to work on your damaged property, then the removal of that tree is covered as it needs to be removed to complete the repairs – even though it did not damage anything. Make sense?
3. When yоur tree damages your neighbor’s property or vise-verse.: Simply put, “your policy” covers “your property”, no matter who owns the tree that fell. Whеn a neighbor’s fallen tree damages уоur property, уоur homeowners insurance pays for your damaged items. The neighbor’s insurance company pays for their damaged items. Same with the tree removal. Any part of the tree that is on your side of the fence is removed and discarded by your insurance and the other half of tree is on the neighbor’s insurance.
4. Yоur city оr municipality mау clean uр trees thаt fall іntо thе street, but уоu mау ѕtіll hаvе reason tо file аn insurance claim. Check wіth уоur city оr municipality tо determine who’s responsible fоr removing a tree thаt falls іntо thе street. If уоur city takes responsibility, іt mау оnlу bе fоr thе portion that’s іn thе street. Anу оf thе felled tree that’s left оn уоur property wіll bе уоur responsibility. Yоur insurance will only cover аn insured structure that was damaged іn thе incident.
5. Yоur car insurance mау cover damage tо уоur vehicle frоm a fallen tree. If a tree falls frоm уоur property оntо уоur car, it’s уоur car insurance аnd nоt уоur homeowners insurance thаt wіll cover thе cost оf repairs. But, thе tree doesn’t hаvе tо bе frоm уоur property. Yоu likely hаvе coverage іf a tree falls оn уоur car, nо matter frоm whеrе the tree came from. Even at a park or shopping center. Whаt mау nоt bе covered? Thе cost tо remove thе tree frоm atop уоur car.
Of course, еvеrу insurance carrier handles fallen trees differently. It аll depends оn thе specifics оf уоur policy аnd уоur coverage limits, аѕ wеll аѕ thе specifics оf уоur situation. If уоu need tо file аn insurance claim fоr a fallen tree, uѕе thе tips bеlоw.
Tips fоr Filing аn Insurance Claim fоr a Fallen Tree
Tаkе photos: Photos taken frоm mаnу angles аnd vantage points help tо establish thе extent аnd саuѕе оf thе damage. Bе careful nоt tо gо near fallen trees thаt аrе entangled іn power lines, hоwеvеr. And don’t climb оntо аn unstable surface tо gеt better photos.
Provide аѕ mаnу details аѕ possible: If, fоr example, a neighbor’s tree wаѕ neglected аnd fell оntо уоur property, causing damage, bе sure tо tell уоur carrier. If a storm caused thе tree tо fall, bе sure tо provide details аbоut thе severity оf thе weather.
Bе prepared tо pay уоur deductible: If уоu experience a covered loss duе tо a fallen tree, уоu wіll bе responsible fоr paying thе appropriate deductible.
Yоur homeowners insurance, оr car insurance, covers damage frоm a fallen tree іn mаnу instances. But, it’s important tо know whеn you’re covered аnd whеn you’re nоt. Sо review уоur policy wіth уоur local insurance agent аnd ask plenty оf questions аbоut whеn a fallen tree іѕ covered bу уоur insurance аnd whеn іt isn’t.
(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
An appraisal umpire is essentially an unbiased, competent and disinterested individual who is selected in cases where the policyholder and insurance carrier are engaged in the insurance appraisal process. An umpire is a professional who is appointed by appraisers as an impartial intervener who helps make decisions when the two appraisers reach differences. When either appraiser is in agreement with the umpire on the “amount of loss” for the damages, the decision is binding. In simplest terms, an umpire is an expert on the “amount” or “costs” for items that have suffered damage.
The Umpire ‘Clause’
The umpire clause is actually quite similar to an arbitration clause. It means that the insurance policy provides for a means of settlement or resolution of a case with the intervention of a third unbiased party. This is required when the two sides involved (the insurance company and the policyholder) are unable to agree on a fair claim amount, despite hiring independent appraisers.
Appointing An Insurance Umpire
The decision with regards to the appointment of an umpire is part of an appraisal process. It is included in most property policies, but a few insurance companies may have eliminated the clause from their policy. The cost of a lawsuit or court proceedings may actually be avoided by both parties who decide to use this process for a mutually amicable resolution of their dispute.
Most legal experts suggest that the services of an umpire possibly be utilized in every appraisal process. It is not mandatory to use their services to the fullest extent, but if hired right in the beginning, i.e. when the appraisal process is initiated, they will be ready with all details related to the insurance claim case. This makes them readily available to act in case the two appraisers are unable to settle on an agreeable amount or claim value.
Benefits To Policyholders
Many a times, the policyholders are left frustrated and with no choice but to accept the amount offered by the insurance company. It is also true that in most cases, the insurance company fails to provide a notification to the policyholders about their rights of participation in various beneficial forums such as those geared towards resolving property damage claims. So the appraisal process can actually be a very effective alternative insurance claim settlement process for the policyholder, given that it is conducted in a proper and systematic manner.
(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
The insurance industry has the best business model in the world. Imagine owning a company where:
Client pays up front
Insurance Company benefits from that up front payment
Loss occurs
– Policyholder expects to be paid for losses
– Insurance company hits the breaks
The policy purchased by the policyholder is know as a “Contract of Adhesion”. This means, that the contract (policy) is a standard form contract drafted by one party (the party with the stronger bargaining power – CARRIER) and signed by the weaker party (usually a consumer in need of goods or services – POLICYHOLDER), who must adhere to the contract and therefore does not have the power to negotiate or modify the terms of the contract. Being that the policyholder cannot negotiate the terms or make revisions to the policy, they must “adhere” to what it says word=for-word. Sounds unfortunate for the policyholder. However, the Carrier must adhere as well. This means anything that’s ambiguous or unclear goes to the default of the party who did not generate the contract (the POLICYHOLDER).
With that being said, and the fact that the insurance company (carrier) is the stronger party who has collected money from the policyholder, they have a duty to protect that policyholder and provide any and all available coverage to each client.
“The primary duty of the [insurance company] claim representative is to deliver the promise to pay. Therefore, the [insurance company] claim representative’s chief task is to seek and find coverage, not to seek and find coverage controversies or to deny or dispute claims.”
James J. Markham et al., The Claims Environment, 13 (1st ed. 1993).
Seek And Find All Available Coverage
If the insurance adjuster and the carrier’s responsibility is to seek and find all available coverage, then why does it seem that with many claims the carrier is trying to find fraudulent activity by the policyholder? Investigations, depositions, waiver of right forms, release of all claim forms, etc. Well, it must be all part of the “Delay, Deny, Defend” model followed by many of the carriers that was designed to increase their bottom line… but that’s another story. Not “all” carriers follow this model, however, most of the “Big Boys” do!
(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
When your possessions are lost or ruined after a fire or your home is destroyed or partially damaged, you are probably a tad emotional. That doesn’t put you in the best position to negotiate with your insurance company after filing a claim. You need someone on your side with a clear head, someone who can help you get what is rightfully yours, which you have earned from paying your insurance premiums. Insurance companies, when left to their own devices, might not always give you what you deserve. Jeff Blyskal, senior editor at Consumer Reports, says you need to be tough when you work with your insurance agent and be ready for a fight. But, why fight as the underdog when you can have an expert fight for you in an insurance dispute?
The Appraisal Clause
All homeowner’s insurance policies are different, and each state has laws that vary. However, many insurance policies have an appraisal clause, which gives you the right to file an insurance claim dispute. This clause allows you to get a second opinion on how much your home and property are worth, says Greg Hawkins, Director of Consumer Services in the Office of the Insurance Commissioner. If you think you are being short-changed to the tune of $20,000 or more, often substantially more, the service of an independent appraiser who can offer claim help will likely pay for itself many times over.
The Insurance Discrepancy
Let’s say you received bids from several contractors who all say it’ll cost about $200,000 to repair your home from fire damage. Then, your insurance company contacts you and says it will cut you a check for $80,000 to cover the repairs. That would be the time for you to start a claim dispute.
The Claim Dispute
To file a claim dispute, you need to notify your insurance company of what you intend to do in writing, ideally through certified mail. When you file, tell your insurance company that you wish to use an independent appraiser to determine the damage to your property and possessions. Understand, however, that an independent appraiser that you hire will come up with a number based on the cost to repair and replace. You should not expect a fire to become a bonanza for you, but you should expect to be made whole again.
We’re Here to Help
Your home is probably your biggest investment. You need to hire someone who is an expert in appraising property damage and understands the insurance claim dispute process. The Insurance Claims Group, Inc. is an expert in this field. We have qualified appraisers who act on your behalf when you have an insurance dispute. Call us at 919-669-9111, or visit our website at InsuranceClaimsGroup.com when you need claim help.
(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
Moore, Oklahoma: Helping others, providing donations, and lending a helping hand is the American Way! Ask the victims of 9/11, Hurricanes Katrina and Andrew, Joplin, MO Tornado, and of course those still in need from Super Storm Sandy, how grateful they were to receive assistance, and pure human kindness from other human beings Worldwide… Read the rest of this entry »
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(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
March 2011 a tornado wreaked havoc in Westmoreland County, Pennsylvania (PA). The tornado first touched down in Sewickley Township. Now, almost 7 months after the tornado ripped through the area, Jamie & Denny Cerilli have been notified by their insurance company, Allstate, that their tornado claim dispute will need to be settled via the insurance appraisal clause within their homeowners policy. Read the rest of this entry »
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(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
A Parks Police helicopter inspects for earthquake damage to the Washington Monument shortly after an earthquake struck Washington, DC August 23, 2011. One of the strongest earthquakes to strike the US east coast in decades rattled offices Tuesday in downtown Washington and caused panicked evacuations from skyscrapers as far away as New York. The Pentagon, the US Capitol and Union Station in the nation’s capital were all evacuated after the 5.9-magnitude quake, which was shallow with its epicenter only 0.6 miles (one kilometer) underground.
The big question on most peoples minds from VA here in the next few days when earthquake damages begin to show will be,
(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
Tornado Damage Claim Assistance (NC, SC, VA, GA, AL, MS): Early springandsummer seasonthunder stormswill frequentlycause tornado damage claims throughout many southeast US states. Most recently, Mississippi, Alabama, Georgia, South Carolina, North Carolina and Virginiasufferedoverwhelmingdestruction on April 28, 2011 and April 16, 2011. Our thoughts and prayers are out to those who have suffered damages and loss of life during such a difficult time. As of noon on April 17, 2011, 22 deaths are confirmed from 62 tornadoes, in 20 counties in NC alone. Not to mention the horrific death toll that continues to rise from the April 28, 2011 storms… 335+. It’s heartbreaking. Read the rest of this entry »
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(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
In most cases insureds, property owners and even contractors may need support in organizing data for home owners insurance claims. They will often have issues or will need advise on certain parts of a home owners insurance claim estimation or the accompanying damages to the household.
Even worse, numerous property owners may find themselves within a dispute with their insurer. Most phone and ask us if there is any approach to challenge their home owners insurance claim with their insurance company adjuster. Yes, you can contest home owners insurance claims against your insurance company. Not all claims arrive at an agreed price. You will find there’s a provision named Appraisal in many property insurance policies that enable both parties of the policy to reconcile their issues by using a less costly, less time consuming, course of action without the need to settle the dispute in a court of law.Read the rest of this entry »
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(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
Many of my articles, posts, webpages, etc. start off with “Most people believe…”. I’ve tried to think of other ways to explain to people that things are not always as they seem – or appear as they should. Well, with insurance policies, insurance claims, and the insurance industry – many people find themselves scratching their heads with disbelief when they finally suffer damage to their property.
So, here I go again… Most people believe that when they buy insurance, they will be taken care of when, and if, a tragedy occurs. It’s really quite simple.
We purchase insurance.
We have been paying for coverage for over X-amount of years.
When we have a claim the insurance company will be eager to help us and fulfill there part of the bargain.
(C) Joe Brennan is President and owner/operator of Insurance Claims Group, Inc., a national independent adjusting, appraisal, and umpiring firm. We will answer your claim questions FREE as part of our FREE Insurance Advice and Insurance Claim Consulting Services.
Insurance Claims fоr Fallen Trees, What’s Covered? 
