Arborist said tree fell because of wind & rain; insurance says rain-only and denied. What do?

Title: Navigating Insurance Disputes After Severe Storm Damage: When Wind and Rain Contribute to Falling Trees

If you’ve recently experienced a tree falling on your property following a storm, you’re not alone. Many homeowners face challenging situations when insurance claims are denied due to differing assessments of what caused the damage. Here’s a common scenario and some guidance on how to approach it.

Understanding the Situation

Suppose a tree falls onto your shed during a storm, and an independent, certified arborist confirms that the fall was due to both wind and rain. However, your insurance company counters, stating that the cause was solely rain, and as a result, denies the claim. This discrepancy can be confusing and frustrating.

Are Insurance Denials Common in Such Cases?

Insurance companies often have strict criteria regarding covered perils. If their assessment attributes the tree’s fall exclusively to rain, they may classify the damage as non-covered weather-related wear and tear. It’s not unusual for insurers to dispute the cause, especially if there is ambiguity or conflicting experts’ opinions.

What Steps Can You Take?

  1. Request an Explanation: Reach out to your insurance adjuster or claims representative to get detailed reasons for the denial. Understanding their rationale is crucial.

  2. Gather Evidence: Collect all supporting documentation, including the certified arborist’s report, photos of the storm, and any other relevant evidence demonstrating wind played a role.

  3. Consult Independent Experts: If possible, obtain additional assessments to reinforce your claim that wind contributed significantly to the tree’s fall.

  4. Appeal the Decision: Most insurance policies have an appeals process. Submit a formal appeal backed by your evidence and expert opinions.

  5. Seek Professional Advice: Consider consulting a public adjuster or an attorney experienced in insurance claims. They can provide guidance tailored to your situation.

  6. Engage in Negotiation: Be prepared to negotiate with the insurer, emphasizing the consensus among experts indicating multiple contributing factors.

Preventative Tips for the Future

  • Regularly inspect trees on your property—particularly before storm seasons.
  • Maintain healthy trees through proper pruning and care.
  • Document conditions and damages immediately after storms to strengthen future claims.

Final Thoughts

Dealing with insurance disputes can be complex, especially when experts provide conflicting opinions. Persistence, gathering comprehensive evidence, and seeking professional assistance can improve your chances of a favorable resolution. Remember, understanding your policy details and maintaining thorough records are essential steps in successfully navigating property damage claims.

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