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Old 26-08-2004, 04:08 AM
zxcvbob
 
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I think Vox's point was that the SUV driver's automobile liability
policy would pay, not the homeowner's policy. The homeowner's policy
*should* be irrelevant.

I mentioned the homeowner's policy eariler because it would (I think)
cover whatever was not paid by the other guy's auto policy. The
homeowner's insurance company would have an interest in you collecting
from that other policy so they wouldn't have to pay anything.

I still don't think I explained that very well...

Bob


Murph wrote:
"Vox Humana" wrote


I don't see how the victim's insurance is relevant to the value of the


tree.

Your statement is exactly why every homeowner needs to keep their policies
updated.

Most homeowners basic policies cover $2k in jewelry, should you have a fire
or anyother loss which is by nature or by a person. You cannot attempt to
claim $10k in jewelry loss, unless you have an additional rider.

Should you add a shed, you need to update your policy.

ANY improvements, be it landscape or structural, you need to update your
policy. Specialty landscapes need a rider, ask your agent.

Insurance is not meant to be a windfall in instances like the OP (which is
how insurance companies look at this). The relevancy of value would come
out in court, if the OP had a rider for a specialty item. If they didn't
feel it was valuable enough for an additional premium, this is one of the
first fact findings arguements in insurance. Rest assured, precedents have
already been set for instances like this.

Policies for actual cash replacement, do not include trees. You can ask
your agent and let them explain to you.

I don't intend to prove a point, give your friendly agent a call and
inquire. Most agents are more than willing to talk about an instance like
the OP's.

If I were the OP, I would talk to my agent first before running to an
attorney. The agent has already been paid to answer questions. The attorney
will answer questions for a fee, and unfortunately some are eager to go to
court be it a win or lose situation. It would be unfortunate for the OP to
have a couple thousand dollars in legal fees, with the end result being
rewarded with $500 as intially offered by the insurance company. The OP is
already mounting fees from a horticulturalist, unless this was a freebee.