Insurance and liability

When an insurer pays for a tree and when it does not

Sudden and accidental damage is covered. A tree you knew was dead is a different conversation.

The governing principle

Home and contents insurance responds to damage that is sudden and accidental. It does not respond to the consequences of wear, gradual deterioration or a lack of maintenance.

Every tree-related coverage question comes back to that sentence.

What is typically covered

Storm damage to the building. A tree or limb brought down by a storm that damages the roof, walls, windows, or another insured structure such as a garage, carport or fence, subject to your excess and the terms of the policy.

Debris removal that follows insured damage. Where the tree has damaged something insured, the cost of removing the tree from the damaged structure is generally covered, often with a cap.

Making the property safe. Emergency make-safe work — tarping a roof, removing a dangerous hanging limb — is commonly covered and many insurers have arrangements for it. Ring them before authorising work if you can.

Impact from a neighbour's or council's tree. Generally covered under your own policy, with your insurer deciding separately whether to pursue recovery.

What is typically not covered

Preventive removal. A tree you have been told is dangerous. This is maintenance.

Trees that fell without damaging anything. Frequently excluded or limited. Check your product disclosure statement.

Gradual damage. Roots lifting a driveway, blocking a pipe, or slowly cracking a footing. Gradual damage is a standard exclusion, and it covers most of what tree roots actually do.

Poorly maintained trees. Where an insurer can establish the tree was obviously dead or defective and the owner did nothing, they have a basis to decline or reduce. This is the most important exclusion on the list.

Fences and retaining walls, which are often subject to separate limits or exclusions.

Wear, tear and the maintenance argument

Insurers assess a fallen tree with the benefit of hindsight. Fungal brackets at the base, an obviously dead crown, a hollow trunk, a documented complaint from a neighbour — all of it is evidence that the failure was foreseeable.

The defence is a paper trail. An annual inspection, a written arborist assessment, an invoice for deadwooding. It costs a few hundred dollars a year on a property with large trees and it converts "you should have known" into "I acted on professional advice".

The seasonal checklist covers what to do and when.

Strata and rental properties

On strata, trees on common property are the owners corporation's responsibility and are covered by the strata policy. An individual lot owner's contents policy does not extend to them. This comes up constantly in the unit blocks at The Entrance and along the coastal strip.

On rentals, the building and its trees are the landlord's. A tenant's contents policy covers their own belongings.

Practical advice

Read the product disclosure statement for the words "tree", "debris removal" and "gradual". Photograph large trees while they are standing, so you have a record of their condition. And where a tree is already clearly a problem, deal with it as maintenance — the signs a tree needs removing article covers what to look for.

If the worst has already happened, go to what to do if a tree falls on your house.

FAQs

Frequently asked questions

Will insurance pay to remove a dangerous tree before it falls?

Almost never. Home insurance is designed to respond to sudden and accidental damage that has already occurred, not to fund preventive maintenance. Removing a tree because it might fail is a maintenance cost for the property owner. That is exactly why doing it is worthwhile — a preventive removal costs less than an excess plus the uninsured portion of a claim.

My tree fell and missed the house. Will the removal be covered?

Often not, or only partially. Many policies cover debris removal where the tree has damaged the building or another insured structure, and limit or exclude cover where it fell on open ground, a lawn or a garden. Some policies include a capped debris removal benefit regardless. The answer is in your product disclosure statement, and it varies considerably between insurers.

Does insurance cover damage from tree roots?

Usually not. Damage to pipes, paving, driveways and footings caused by root growth is gradual rather than sudden, and gradual damage is a standard exclusion in home policies. That applies to a lot of what liquidambar, camphor laurel and fig roots do on older Central Coast blocks, and it is another argument for dealing with a badly placed tree early.

What if a tree from council land falls on my house?

Claim on your own policy first, because that is the fastest route to getting the damage repaired. Your insurer may then pursue recovery from the council if there is a basis for it. Councils are not automatically liable for street and reserve trees; liability depends on whether the tree was known to be defective and whether reasonable inspection and maintenance occurred.

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