Question

Debra and James Dean are homeowners in Richardson, TX. They have a 30 year old oak tree in their front yard. On April 25, 2017, a violent thunderstorm struck Richardson. Wind gusts were recorded as high as 65 miles per hour. The Dean’s tree was blow over by the storm. Unfortunately, the tree crashed onto their neighbor’s 2017 Lexus RX350. The car was only one month old. The neighbor, Scott Turf, contacted the Dean’s and advised them he felt they were at fault for the tree falling, that the tree was an “accident waiting to happen”. He told the Dean’s he was going to contact a lawyer.

As required by the homeowners (HO) policy, the Dean’s contacted their insurer, Standard Care.

Standard Care begins an investigation of the incident. Included in this investigation is an analysis of the policy’s liability coverage.

Is Scott Turf’s claim covered by the Dean’s HO policy?

Answer 1

Home owners Insurance :

1. General / common coverage options :

* protection for home : property coverage generally pays on repairing / rebuilding your damaged or destroyed home by an insured event.

it is a protection against unexpected happenings to you're property like Fire accident in kitchen etc.

* protection for house owner and other people :

Personal liability coverage applies when someone has faced any damage of their own property and blaming you for that. Even though done unintentionally. This coverage applicability is vast and applies anywhere in the world.

While taking this kind of coverage an owner has to ensure what all items / properties being included in it such a way that you must be rescued via this policy at the time of sue.

* protection to insurer belongings :

Everyone's home is filed with various expensive items like furniture , clothes , antiques , plasmas etc. Thus personal property insurance helps in replacing the damaged items.

2. Analysis of standard care :

* wind storm / thunderstorm is an unexpected and uncontrollable event and thus will be included in insurance coverage / calamities coverage.

* dean tree was blown over by storm. Again it is something which can't be intentionally done by Dean.

* dean 's tree crashed neighbour car. Thus the loss created to scort truff is due to dean's oak tree.

* These kinds of losses will be covered under homeowners insurance coverage.

3. Conclusion :

* as explained in personal liability coverage , if any person has faced any damage due to insurer / his belongings whether happened unintentionally then the insurance policy will cover against the case raised on their name.

Thus assuming dean has insured including his trees , car etc with in the coverage at the time of taking the policy , the sue by neighbour covers whole car amount of damage created to the dean oak tree.

* apart from that damage created to dean house and his own properties damage if any created will also be covered as per owner protection policy of dean. ( if assumed as taken )