Does Homeowners' Insurance Cover Tree Removal After Storm Damage?

Homeowners' insurance can be a complex topic, especially when it comes to tree removal following storm damage. Understanding your specific policy and the conditions under which coverage applies can save you a lot of stress and money. In this article, we will break down the scenarios in which tree removal might or might not be covered, based on a recent personal experience and insurance policy details.

Conditions Under Which Tree Removal is Covered

When a tree falls on your home or other structures like a garage or shed, homeowners insurance typically covers the removal costs as well as any damage caused to the structure. Additionally, if a tree falls due to a storm but does not hit your house, coverage can vary. Many policies cover the removal of a tree if it poses an imminent threat or has fallen on your property. However, if the tree is simply down and not causing damage or posing a risk, coverage may not be included.

For the most accurate information, it's advisable to contact your insurance provider directly to understand your coverage details.

A Personal Experience with a Storm

I recently went through this situation two weeks ago. My small city experienced a bad wind storm, and eight trees had to be removed. The total cost was $4,000, which was considered a bargain by many standards. According to insurance requirements, damage trees are not covered unless the tree damages property. This includes your house, a fence, a storage shed, a car, a boat, etc.

It is crucial to check your individual policy to see what is excluded and what isn't. If you are still unsure, speak to the agent who sold you the policy.

Policy Specifics and Coverage Limitations

The standard HO-3 policy covers the removal cost of trees felled by the action of windstorm or hail or the weight of snow or ice, with a limit of $1,000 per occurrence and $500 per tree.

Oddly enough, if it is your neighbor's tree that requires removal from your property, the perils covered are broader, being the same as those applying to your personal property. However, windstorm, hail, etc., are not covered. The limit for tree removal is $500 per tree, shrub, etc., subject to an occurrence limit of 5% of the amount of coverage on your dwelling.

This leaves us with the question of coverage for a tree that poses a significant threat to your house but is still standing. For example, a big tree infested with bugs that have weakened the tree, causing it to lean at a 45-degree angle over your roof. What now? Will insurance pay for its removal to preserve your house?

There is no clear and direct policy language bearing on this situation. However, there is some language concerning the "sue and labor" clauses from the ancient antecedents to modern homeowner policies. The idea is that the insured is required to do all things necessary to protect the insured property from further loss once some covered event has occurred or is occurring.

Facially, in the case of the leaning tree, you would act as if there were no insurance and have someone cut the tree down properly and safely. This is the reasonable thing to do. You don't start bargaining with the insurance company while the tree leans more and more toward your roof.

After the tree has been removed, because the tree was weakened by an insect infestation, there is no coverage for removal until proven otherwise. However, you acted in accordance with the "sue and labor" requirement of the policy. If you had NOT acted, the insurance company would have been on the hook for a much greater loss. That is your argument anyway.

But to make it work, you'll need plenty of photographic documentation and the sworn statements of tree experts who back your play. If the insurance company denies the claim, you will also need an attorney whose practice area includes insurance. Having an enlightened, educated, and skilled agent can be crucial in these situations. Say goodbye to Lemonade, Allstate, State Farm, Geico, etc., if you mention "sue and labor" to those people – they might look at you as if you were from Mars. Instead, welcome an independent agent who has hopefully put you with a company known for its liberal attitude when it comes to claims.

Hopefully, any of that helps you navigate the complexities of homeowners' insurance coverage for tree removal after storm damage.