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Independent Insurance Agent


Sullivan Insurance
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ACT OF GOD CLAIMS - WHO PAYS?

  A storm blows down tree on my property & hits my neighbor's house/car - WHO PAYS?

If your neighbor or another party wanted damage to their home or vehicles covered (by flying objects in a windstorm), they needed to purchase insurance coverage to protect themselves. "Acts of God" is not an insurance term but these things (windstorm, hail, hurricane, weight of ice & snow, etc) are what we call "1st party claims", meaning the injured party has to purchase coverage for damage to their own property (building & contents coverage for homeowners, comprehensive coverage for autos).  Liability on the other hand is a "3rd party" claim/coverage, meaning you would have to be legally liable for the coverage to pay - that means that you would have needed to do something wrong - like not shoveling & salting your walkway when it snows, cutting a tree down that falls on your neighbors house, digging a hole and not securing it then someone falls into it, etc.  If you maintain your property like a prudent person should, then you are NOT liable for the damages.  How can this be?  Your neighbor or the other party had the same option to purchase insurance coverage as you did.  If they have coverage they need to submit the claim to their insurance company.  If their insurance company determines the claim is subject to "subrogation" recovery (meaning they go after you/your insurance for repayment) they will file the recovery notice (basically it is between the carriers).

What if they sue?  The owners can sue you, for that matter anyone can sue anyone in the US, however, for them to win; they have to prove that you are negligent. Since you are aware of this incident, report it to your insurance agent/company if you feel your neighbor will sue. They will deny coverage & if the other party tries to sue, your insurance company will defend you (they have attorneys on staff for this) so you do not have to worry about that. This is why you purchase insurance.

"Acts of God" claims - as some people call them - can be confusing and difficult to understand, so we are posting this information to our website as a reference for our community.  Please feel free to print this out or point your neighbor/others  to this site so they understand how these claims are processed. 

If you have any additional questions, please contact the agency to speak with one of our agents who would be happy to discuss this further with you. 



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Testimonials
Outstanding agent I have been purchasing insurance all my life, but never have I had such a detailed review to discover coverage and discounts that I may not have known about or may not have coverage for - and the agent didn't tell me what coverage I needed to have, I selected my coverage based on the detail review and issues I am trying to protect against. The agent even met with me on Saturday outside of their normal business hours! Not many agents do that today. They even reviewed some important non insurance issues that I had forgotten to take care of, like updating my will and adding a healthcare proxy. The last issue we reviewed was my financial investments and changes that I need to make since I am getting older and need to better protect myself against changes in the market. In one trip I received the best insurance review I have ever had, updated my financial investment ... I have been purchasing insurance all my life, but never have I had such a detailed review to discover coverage and discounts that I may not have known about or may not have coverage for - and the agent didn't tell me what coverage I needed to have, I selected my coverage based on the detail review and issues I am trying to protect against. The agent even met with me on Saturday outside of their normal business hours! Not many agents do that today. They even reviewed some important non insurance issues that I had forgotten to take care of, like updating my will and adding a healthcare proxy. The last issue we reviewed was my financial investments and changes that I need to make since I am getting older and need to better protect myself against changes in the market. In one trip I received the best insurance review I have ever had, updated my financial investment portfolio and even set up life insurance for my grandson. What more can anyone ask from their insurance agent - one stop shopping for everything and a detailed review that showed how all my coverage interacts with each other. What a great experience. I have found the agent I have needed all my life! Fred S.
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