3410 Industrial Blvd., Suite 100
West Sacramento, CA 95691
(916) 376-0486
(916) 376-0478 Fax
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The Cole Law Firm

Subrogation Law Since 1972

The Cole Law Firm

3410 Industrial Blvd., Suite 100
West Sacramento, CA 95691
(916) 376-0486
(916) 376-0478 Fax
This email address is being protected from spambots. You need JavaScript enabled to view it.

Subrogation Law Since 1972

How many times has the neighbor's tree roots caused concrete and water supply line damage to the insured’s property? The rule in California and many jurisdictions used to be that our insured could simply cut the tree roots on his property. However, the current rule in California and developing rule in other states is that our insured must use reasonable care in removing the tree roots. For example, has the insured requested the neighbor to trim the tree or remove the roots prior to the loss? If not, that may be a bar to subrogation.

On the other hand, if the insured has requested such, even though it is not in writing, then the neighbor, as owner of the tree, has to exercise reasonable care in remedying the problem or the neighbor/tree owner is liable for the damage to the insured’s property.

In addition, refer to ANSI A300-2000, for American National Standard for Tree Care Operations--Tree, Shrub and Other Woody Plant Maintenance-Standard Practices. Contact ANSI at 11 West 42d Street, NY, NY 10036 or http://www.ansi.org/

Now, gentlemen, we have tried spending money. We are spending more than we have ever spent before and it does not work...I say after eight years of this administration we have just as much unemployment as when we started...and an enormous debt, to boot.
- Henry Morgenthau testimony before the House Ways and Means Committee, April, 1939.

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