Tree Limb Fall due to Wind or Other Cause?

We provide Homeowner's coverage to our insured under AAIS Form 3 Ed 2.0. The Dec Page indicates the deductible is $1,000 except for the perils of wind and hail and for these perils the deductible is 2 % of coverage A limit or $3,500. Our insured is reporting during a recent wind/rain event that a limb fell from an oak tree on insured premises damaging insured's roof and facia board. Our question is concerning which deductible would apply –the $1,000 or the 2 %? It appears obvious the limb would not have fallen in the absence of the wind event, but we could not say this with 100% certainty. This home is located in the path Katrina hit in 2005.

In the past, we have seen policies that exclude wind damage to fences, outdoor equipment, awnings, etc., and in similar situations, under those policies it was argued the cause of loss was not wind but falling objects.

We would like your thoughts.

Louisiana Subscriber

Couch on Insurance 153:9 highlights in its discussion on windstorm that in some jurisdictions, a windstorm is any wind capable of damaging the insured property either by its own unaided function or by projecting some object against the property. While the tree survived the Katrina winds, that was three years ago and the tree is older. If the tree has been dead for 6 months and the insured just hasn't had it removed, or if the tree is infested with an insect that damaged it to the point that a limb would spontaneously fall off, we'd say the limb fell and the regular deductible would apply. However if the tree is in good condition, we'd say the wind caused the tree limb to fall, and that the loss was due to wind. This really hinges on the condition of the tree and the amount of wind. You might have a tree expert look at the tree to determine if it's likely that the branch just fell or if the fall was caused by wind. Then you can determine which deductible to apply.

 

 

 

 

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