Comments on: Is Your Fallen Tree Covered by Maine Homeowners Insurance? http://www.noyeshallallen.com/is-your-fallen-tree-covered-by-maine-homeowners-insurance/ Portland, Maine Insurance Agency Fri, 03 Feb 2012 20:50:53 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: noyeshallallen http://www.noyeshallallen.com/is-your-fallen-tree-covered-by-maine-homeowners-insurance/comment-page-1/#comment-50 noyeshallallen Tue, 20 Apr 2010 15:42:39 +0000 http://noyeshallallen.wordpress.com/?p=202#comment-50 maryp, We can't answer your question, as we don't know what laws may apply in your state, what insurance policies and forms apply, what your lease says, etc. In Maine, if the tree was not known to be diseased before the accident, falling limbs and trees are usually considered to be "acts of nature", which absolves the property owner from legal liability. The damage would be covered under the tenant's insurance: either a renter's policy (for personal property), or an auto policy (if the damaged property was a vehicle). There's a difference between "legal liability" and "what you think is fair, under the circumstances". We hear about many situations where a property owner reimburses a neighbor's deductible for damage when their tree falls on the neighbor's property. If you reimbursed the deductible in order to maintain positive relations with a good tenant, that's a business decision. If you feel that you don't want to pay the tenant's deductible, and they are withholding rent, you should consult an attorney. You may be legally right. maryp,
We can’t answer your question, as we don’t know what laws may apply in your state, what insurance policies and forms apply, what your lease says, etc. In Maine, if the tree was not known to be diseased before the accident, falling limbs and trees are usually considered to be “acts of nature”, which absolves the property owner from legal liability. The damage would be covered under the tenant’s insurance: either a renter’s policy (for personal property), or an auto policy (if the damaged property was a vehicle).

There’s a difference between “legal liability” and “what you think is fair, under the circumstances”. We hear about many situations where a property owner reimburses a neighbor’s deductible for damage when their tree falls on the neighbor’s property.

If you reimbursed the deductible in order to maintain positive relations with a good tenant, that’s a business decision. If you feel that you don’t want to pay the tenant’s deductible, and they are withholding rent, you should consult an attorney. You may be legally right.

]]> By: maryp http://www.noyeshallallen.com/is-your-fallen-tree-covered-by-maine-homeowners-insurance/comment-page-1/#comment-49 maryp Tue, 20 Apr 2010 15:21:56 +0000 http://noyeshallallen.wordpress.com/?p=202#comment-49 question: my house is rental property. Got notified by my management company in Nov2009 that my tenant use Sept rent to cover his deductible caused by fallen limbs in front of the house. **even management company didn't know until tenant haven't pay** My landlord insurance said since it's "act of natural", my landlord insurance WON'T cover! To avoid further discussion, I just let my tenant go for using the rent to cover the deductible + extra cost to repair car damage. Is this right? Am I responsible to my tenant's deductible if it's an act of natural? We didn't know the limbs were broken until tenant claimed it hit his car!! HELP~ question: my house is rental property. Got notified by my management company in Nov2009 that my tenant use Sept rent to cover his deductible caused by fallen limbs in front of the house. **even management company didn’t know until tenant haven’t pay**

My landlord insurance said since it’s “act of natural”, my landlord insurance WON’T cover!

To avoid further discussion, I just let my tenant go for using the rent to cover the deductible + extra cost to repair car damage.

Is this right? Am I responsible to my tenant’s deductible if it’s an act of natural? We didn’t know the limbs were broken until tenant claimed it hit his car!!

HELP~

]]> By: noyeshallallen http://www.noyeshallallen.com/is-your-fallen-tree-covered-by-maine-homeowners-insurance/comment-page-1/#comment-48 noyeshallallen Thu, 15 Apr 2010 19:45:00 +0000 http://noyeshallallen.wordpress.com/?p=202#comment-48 Thanks for the encouragement. Glad to hear you find this information helpful. Thanks for the encouragement. Glad to hear you find this information helpful.

]]> By: Eddy http://www.noyeshallallen.com/is-your-fallen-tree-covered-by-maine-homeowners-insurance/comment-page-1/#comment-41 Eddy Sun, 11 Apr 2010 01:05:47 +0000 http://noyeshallallen.wordpress.com/?p=202#comment-41 Great information you have here. I'm looking for any other insurance info, especially homeowner insurance. Keep on posting ! Great information you have here. I’m looking for any other insurance info, especially homeowner insurance. Keep on posting !

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