This is really more of a legal question than an insurance question but I'll give you some guidelines. As a general rule, if it's on your property, it's your responsibility. So, legally, if it's your neighbor's tree falls on your property, he should take care of it. This doesn't always happen, and many small battles have ensued over just this type of thing. I've seen neighbors do some pretty weird things in these situations. I've seen people send registered letters, call the police, report to the city or township, even hire a lawyer to sue. My advice, be reasonable and talk to your neighbor, preferably before it falls, and come to some aggreement about what needs to be done, if anything.
From an insurance standpoint, nothing's really going to be done with a fallen tree unless it falls on something an causes damage. Then, in most cases, your insurance company will pay to move it off of your home, that's it. Some homeowners policies will have endorsements available for debris removal which may pay to remove it, usually up to some limit. Many times, though, removing it from a structure is all an insurance company will do and removing the tree from your property is your responsibility.
We have had a large number of 'fallen tree' claims following wind strorms. In each and every case, the insurance carrier will send out a claims adjustor to assess the damage and try to assess the health of the tree. The only coverage that exists on a homeowners insurance policy or a landlords insurance policy would be in the Liability section.
The liability section will afford coverage as a result of the negligence of the covered party for damage to others. If the tree was healthy and the cause was Wind, an 'Act of God' is not negligence on the part of the insured, thus the claim would be denied. If, however, the tree was in bad health (perhaps rotten in part) and the tree fell and caused damage to another party, this situation would be deemed negligence on the part of the insured and the claim would be covered.
Although we are a home insurance processor and not claims adjustors, this scenario has played out multiple times and we feel confident that it is generally a good rule of thumb.
Agency Owner, The Thomas G Sheehan Agency, 27 Glen Road Sandy Hook, CT 06482
Basically, the issue comes down to the health of the tree. If for example, it is healthy and the thing just comes down during a heavy storm, then there is no liability on the part of your neighbor. If on the other hand, the tree is not healthy AND your neighbor knows it, then if the tree comes down, that becomes a question of negligence and therefore your neighbor's responsibility. There is another element to be considered, however, if the thing falls and hits nothing but the ground, there more than likely will not be any coverage to cut up and remove it on either your neighbor's or your policy. A claim is triggered if the tree comes down and damages a structure or a vehicle.
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From an insurance standpoint, nothing's really going to be done with a fallen tree unless it falls on something an causes damage. Then, in most cases, your insurance company will pay to move it off of your home, that's it. Some homeowners policies will have endorsements available for debris removal which may pay to remove it, usually up to some limit. Many times, though, removing it from a structure is all an insurance company will do and removing the tree from your property is your responsibility.
The liability section will afford coverage as a result of the negligence of the covered party for damage to others. If the tree was healthy and the cause was Wind, an 'Act of God' is not negligence on the part of the insured, thus the claim would be denied. If, however, the tree was in bad health (perhaps rotten in part) and the tree fell and caused damage to another party, this situation would be deemed negligence on the part of the insured and the claim would be covered.
Although we are a home insurance processor and not claims adjustors, this scenario has played out multiple times and we feel confident that it is generally a good rule of thumb.