by gail » Thu Oct 25, 2007 10:57 pm
Two years in a row, Two different neighbors (they live next to each other and I live on the corner across the street)both have had fires. Both times the fire dept. has used my yard. This second time they did more damaged with tire ruts than the last. Who is responsible for this damage? Thanks
Posted: Fri Oct 26, 2007 05:22 am Post Subject:
What caused the fire? If your neighbors caused the fire, I'd say there is a 98% chance their homeowners liability policy would apply. I'm not sure if the same would be true if they were not at fault for the fire. But I'm not ruling it out either. Good question.
Liability policy will state, "we will pay for damages which you become legally liable..." This is why I ask why the fire started and if your neighbors were the cause.
Posted: Fri Oct 26, 2007 11:44 am Post Subject:
Good morning Gail and Welcome to the community,
First so sorry you've had to deal with this and TWICE...
Terrific question ! I'd (also) would recommend contacting your neighbor and get their homeowners company information, and present a claim. Be sure and photo all damage before YOU begin any clean up, (if you plan to start cleaning up this mess). I think you may have a good shot at getting this paid regardless of neligence or liablity. If memory serves there is a specific clause regarding clean up, from an emergency associations response, but this too could very well be state/company specific.
Posted: Sat Oct 27, 2007 06:25 am Post Subject:
No doubt, Gail, your question has addressed a very sensible issue. Apparently, you should be covered under the homeowners insurance of your neighbors. After all, you have suffered the damages because of them. Inform the neighbor that your yard has suffered damages from the tire ruts of the fire brigade and as Lori has suggested, ask the neighbor about his policy information. Dazzlingdiamond
Posted: Thu Nov 01, 2007 11:44 pm Post Subject:
OK, let's see if I can lend any fuel to this discussionary fire, no pun intended.
1. The standard Homeowner's 3 (Special) Form, as TCope accurately stated, will cover as follows: The insurer will "pay up to our limit of liability for the damages for which the insured is legally liable."
2. In property and casualty insurance, there is a concept referred to as "proximate cause." This basically means that all damages that occur as a result of the proximate (read: originating cause) cause will be covered as well. The fire was the proximate cause of your lawn's damage, as you would never have suffered the yard damage if the fire hadn't happened in the first place. (If anyone brings up the idea of "intervening cause," that has nothing to do with this. I see no intervening cause here, so forget about it).
3. Resultantly, IMHO, the neighbor's liability coverage should pay for the damage to your property.
You DO have coverage on your homeowner's policy that will pay for vehicle damage (but not caused by your vehicle) to lawns, shrubs, trees, etc. It's commonly limited to small amounts of coverage and recovery for loss, but it's there.
Maybe this will help a little! Good Luck!
InsTeacher 8)
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