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if it happened as the result of the storm it is considered an "act of nature"... every man for himself... the owner of the tree has no responsibility, neither does their insurance
 

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you really want to take normal issues such as tree's health and maintenance, etc out of the equation in a storm situation... split the hairs under ordinary conditions, but please save it in a catastrophe situation... if you pursue claims based on liability issues in times like these they most likely won't get any real consideration, but will also delay the processing of everybody else's claims... if your damages were uninsured, you just learned a hard lesson. You cannot place blame on an individual or expect their insurance to be resonsible for a hurricane, or its damages... again, every man for himself in a catastrophe as a general rule

if you insist on pursuing damages such as this you better have written proof of having placed the owner on notice of a hazordous condition beforehand and have given them adequate notice to remedy the situation prior to the loss... even if you have done all of this you better be very patient because the people with trees on their houses, lost houses, etc. will come first...
 
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