Q: I live adjacent to an apartment complex. During Hurricane Sally, a tree from the apartments slightly fell causing
the roots from that tree to encroach onto property, damaging our chain link fence and yard. I have been trying since September to resolve the issue with the apartment manager, but to no avail. We were told by an arborist that it is not safe to remove the roots of a tree because the tree itself will eventually drop. The problem is: the roots are on our side and the tree is located on the apartment complex side. Who is responsible for removing the tree. Our insurance company denied our claim because our fence was not attached to our house. Should our insurance company have paid for at least the removal of the tree? What kind I lawyer should handle a case as such? I am so confused and I have been ejected by three lawyers in Pensacola, FL.
A:
Your insurance company's obligations are spelled out in your policy. The company apparently is relying on policy language to deny the claim. When denying a claim, more often than not, the insurer is correct about the exclusion language, sometimes it's incorrect, and sometimes, the language is subject to differing interpretations. So look at the portion of the policy that the insurer is relying on and decide for yourself if you agree or disagree with it's position. If you disagree, see if a lawyer will agree with you that the insurer is wrong. If a lawyer agrees, that lawyer or a lawyer handling insurance law or civil litigation should be able to help you. If the insurer is correct about the exclusion language, look for a better policy next time.
Regarding responsibility for removal of the tree, ask code enforcement.
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