Home Insurance Forum

May 10, 2007

We live in the San Francisco Bay area, and our home sits on a hillside. Recently after a heavy rain, a tree just beneath our property fell over.

We had a geologist come out and assess the soil. He determined that we have slippage, which he says has been caused, in large part, by run-off from a drainage pipe on our neighbor's property. This slippage, if left unattended, will begin to undermine our property. The hillside slippage is also starting to encroach on city easement property.

Whose insurance do I file against, the city's, the neighbor's, or my own?

Arleen, California

Dear Arleen,

You should contact your insurance company, which will send an adjuster to look at your property. After an investigation, the adjuster can determine whose insurance company is responsible for paying the claim. Keep in mind that earth movement is not covered by a homeowners policy; it's covered by earthquake insurance. Thus, if earth movement is determined to be the cause of the fallen tree your homeowners policy will not pay out.

For more information, contact the California Insurance Department.

Back to the Forum

Disclaimer: We are journalists, not financial planners or insurance brokers. Nothing we say should be interpreted as a recommendation to buy or sell any insurance product, or to provide other financial or legal advice.