If a tree on your property falls and damages your neighbor's house, your neighbor's insurer is the most likely party to take responsibility. But this isn't always so. Exactly whose insurance is responsible will vary depending on whether it's an act of nature alone or if it was caused by your negligence.
Who Is Responsible
In general, a fallen tree is considered an act of nature that the neighbor's insurer covers. The negligence issue comes into play if the tree was dying, and your neighbor raised concerns about the possibility of it falling over and you ignored those concerns. In this case, the repair burden falls on your liability coverage. Jean Mabry, an insurance agent for Clark-Theders Insurance Company, says a neighbor can prove that she raised concerns by sending you an official letter, prior to the tree falling, warning that you may be held liable for potential damage and sending a copy to her insurer. Without such evidence, it may be difficult for her to prove your negligence.