A large tree in my yard drops a branch in a storm damaging my fence.Insce Co pays for half. Is that fair?

Question

The neighbour is an innocent party in this. Why should he have to make a claim on his Insurance policy?

His excess may not make it worth his while.

Insce Co also pay for 100% of cut up clean up & removal of 70 cm diameter fallen branch.

Answer 1

If the tree was in good shape before the storm, the falling of the branch is treated as an "act of god" and not any party's fault, even though it was your tree. It seems weird, but that's the way it works.

Answer 2

The neighbor should call his insurance agent and ask him.  If his insurance agent thinks this is questionable and that you should pay it, his agent will tell him and you and your neighbor can butt out and let your insurers fight over it.

I'm guessing that insurance agencies in the UK, like here in the US, know the law and know who is technically responsible, and are cutting through the BS to get you paid (and get this matter off their desks) as quickly as possible.  If your insurance agent is wrong and you should be paying the whole amount of the fence, the other guy's insurance company will let him know.  If he needs to pay half of it, he can decide whether to pay it himself or make a claim on his insurance.

Answer 3

If it is a shared fence, then yes, the insurance company has the right to only pay for 50% of the fence.  Now, with that being said, are they only paying for 50% of the fence or have they depreciated the fence 50% due to age and then paid you that amount.  Typically, most wood fences are ACV only with no RC benefits.  That is all they owe.  Now, again, most insurance policies will pay whatever it costs to remove the item off of covered property (fence) and what they call in the "BIZ" "on the ground".  After that, most policies then only pay up to $400 to remove tree off premises.  Your insurance company will not pay for any of the removal from your neighbors yards (unless they want too).  

I would make sure you clarify the situation that you are dealing with.  Again, are they paying 50% because its a shared fence or are they paying 50% of the fence based on ACV (age/condition) of property.  Their is a difference.

Answer 4

Wow, usually cutup and removal is limited to $250 or so.  

Yes, in some areas, fences are considered "shared".  So it's highly possible, this is fair.  Or it might not be - but your AGENT is the person to ask.