I received an awesome question from Franklin Massachusetts about trees, damage, houses, and neighbors. The question was, "If a neighbor's tree falls on your house and causes damage, whose insurance will cover the claim?"
So what does happen when a neighbor's tree damages your house in MA? It may not seem fair but, almost always, your insurance will be the one covering the claim.
Let me explain, when the wind blows your neighbor's tree over, it's generally considered an 'Act of God' and not anyone's fault. Your neighbor's insurance won't want to pay you to repair something that wasn't their insured's fault. When you think about it, you probably wouldn't want your insurance company paying a claim on your policy to someone else for something you didn't do either.
As a result, coverage for the claim will be provided by your insurance policy with your deductible applying to the claim. This is one of many reasons to make sure your home insurance has been carefully reviewed with an independent agent, such as myself, and you have the right coverage in place.
Keep in mind that I’m speaking in general terms and there may be cases where your neighbor is liable, but due to the way insurance policies work . . . odds are you’d still need to get your insurance company involved to cover a gap between the cost of repair and what your neighbor’s insurance will pay. Every claim and policy are unique, so your best bet is to contact your agent, like me, and talk it through with them before deciding a course of action.