·An insured's tree falls onto another tree in the insured's yard; both must be removed.

Maryland Subscriber

In the first scenario, we view the removal of the tree from the roof as part of the cost necessary to repair the damaged roof. As for the tree itself, it is covered property and there is coverage of up to $500 for any one tree under trees, shrubs, and other plants for a loss caused by lightning. If for some reason the tree had to be further removed; say it was cut away from the roof but left stacked in the yard, then an additional 5 percent of the limit applying to the damaged property or $25 could be available.

In the second scenario, when a tree is toppled by wind and falls on the dwelling, the cost to remove the tree from the roof should be included in the cost to repair the roof. But in this case the additional $500 debris removal coverage for reasonable expenses to remove the tree from the residence premises is available. Residence premises includes the grounds where the insured resides, so if the tree must be cleared away from the premises this amount is available. The key is in the coverage—an additional amount available if the limit applying to the damaged property is insufficient.

There is no coverage for the tree under trees, shrubs, and other plants because the tree was felled by wind.

As to the third scenario, in which a tree in the insured's yard falls onto another tree, the answer depends on what causes the first tree to fall. The policy covers trees, plants, and shrubs, but only for loss caused by fire or lightning, explosion, riot or civil commotion, aircraft, vehicles not owned by a resident of the resident premises, vandalism, or theft.

If one of these perils causes the first tree to fall, then there is up to $500 available to cover the tree (and its removal), with an additional 5 percent of that amount available under the coverage for debris removal. It could then be argued that the covered peril is the efficient proximate cause of loss of the second tree, with $500 available for that tree (and its removal) as well.

But if windstorm topples the first tree, there is no coverage, because although the second tree is the insured's property, it is not covered property unless damaged by one of the perils given above. And, in this case if the trees do not damage a covered structure the debris removal coverage will not respond.

In the ISO 2000 homeowners, the coverage for trees toppled by wind will respond if the trees block a ramp designed to assist the handicapped, or a driveway on the residence premises, thus preventing access by registered motor vehicles.