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Alex Witt, CFA
Alex Witt, CFA
Prosperian Wealth Management Financial Advisor
https://www.prosperianwealth.com/ (937) 714-7649

A graduate of The Ohio State University with a degree in Accounting, Alex has spent his entire professional career in the financial services industry. The first 4 years of his career were in investment research covering Consumer stocks at Capital Group, Evercore ISI, and RBC Capital Markets in New York. After being introduced to Prosperian as a client, Alex joined the team in July of 2021 because of a desire to work in a role where he could make a more direct impact on the personal, professional, and financial lives of young professionals and families.

Registered Representative and Financial Advisor of Park Avenue Securities LLC (PAS). Financial Representative of The Guardian Life Insurance Company of America® (Guardian), New York, NY. PAS is a wholly owned subsidiary of Guardian. Prosperian Wealth Management, LLC is not an affiliate or subsidiary of PAS or Guardian. Prosperian Wealth Management, LLC is not registered in any state or with the U.S. Securities and Exchange Commission as a Registered Investment Advisor. AR Insurance License Number - 19960171, CA Insurance License Number - 4157156.

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Fallen Tree Damage—Who Pays?

Insurance Read Time: 2 min

As a homeowner, are you responsible for the damage caused by a tree on your property that hits your neighbor’s home or other insured structure, such as a garage or shed?

In most cases, the answer is “no.”

When such damage occurs to your neighbor’s home due to forces outside your control (e.g., weather events), your neighbors may have to file a claim with their insurer to receive a reimbursement for the damage a down tree or branches cause.

There is one exception, however.

If it is determined that the tree damage stems from your negligence (e.g., dead limbs that you refused to cut down, or you chose to trim your tree as a weekend project), then the neighbor’s insurer may come after you to recover their loss—a process called subrogation.¹

You may want to check your policy or speak to your insurance agent to ascertain if your homeowners policy covers your liability in cases of negligence.

When Neighbors Sue

Some neighbors may seek to bring legal action against you, though often that is unnecessary.

First, determine what municipal laws are in place to cover such instances. Generally speaking, you are not responsible unless you knew, or should have known, about the danger. Proving what you knew or should have known can be difficult and costly in a court of law. It typically benefits both parties to arrive at a compromise that avoids an expensive legal process.

1. The information in this material is not intended as legal advice. Please consult legal or insurance professionals for specific information regarding your individual situation.

The content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. This material was developed and produced by FMG Suite to provide information on a topic that may be of interest. FMG, LLC, is not affiliated with the named broker-dealer, state- or SEC-registered investment advisory firm. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security. Copyright FMG Suite.

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