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FOX News Judicial Analyst Judge Andrew Napolitano on the legal aspects of insurance in the aftermath of Hurricane Sandy.
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While the impact of super storms sandy stretches further than wind and rain damage -- -- so many legal issues that are sure to come up your neighbor's tree falls on your house.
Who is responsible for this.
While who als can tell us all -- inside.
-- -- -- -- -- -- Let's start with the most obvious I have received tons and tons of pictures.
Many of which include trees falling.
Give us the -- this coupon that.
The owner of the property on which the tree is growing is responsible.
For any damage caused by the treaty unless yes autism.
The -- -- honors the government.
Since the government doesn't have seen a degree of culpability as we have private citizen -- So -- on somebody's heart is for sure you can say it's your fault you're in trouble but it's on the sidewalk.
Outside your home and it falls -- sidewalk outside your home that's in it is it is a bazaar area of property.
It is owned by the government that you are responsible for let's make it easier case -- in front of City Hall here and you're in Central Park and a true -- was down.
You can't sue the government why does the government is written laws to make itself immune.
As a practical matter however.
In in answer the scene as that you proceed if a tree falls on someone's car their insurance company is going to pay them for the cost.
And then they'll go after the homeowner whose trailers or they'll square up with that homeowners insurance carrier.
Because these carriers have a lot of credits with each other because they're paying essentially each -- -- to get through a lot of parents go -- is -- clearly laid out in the insurance policies -- -- -- -- says no gray area it was also Clinton laid out -- a lot of the homeowners policies have exemptions and then for.
Damages caused by.
Rain flood or wind so you have to be very careful what it says it's a rare homeowner's policy that covers flawed.
You usually have to -- -- -- general government from a carrier which ultimately buys -- from the -- right but that's about the only source itself was a very high deductible yes.
-- -- -- -- I've received a couple of pictures one from bay shore Long Island another from a trader friend of mine -- for the New York Stock Exchange from Fairfield.
Beach in Connecticut that's bay shore and there's the home behind the fence you can actually see the home.
And then another Fairfield beach Connecticut is actually from a -- on the floor of the New York Stock Exchange rate.
What what's the best bet to go -- that I mean that is atrocious Stillwater is up to the windows.
I hate to tell them that if they do not have.
Flood insurance from the federal government it is a very rare and in my experience unheard of homeowners policy in the northeast the covers flood insurance so they're gonna have to pay for that themselves.
They have OK it's another scenario awarded if you -- name.
-- you have not been up to speed on taking care of your property properly.
-- And you know this tree is gonna pose a problem the minute the wind gets about forty miles an hour.
Can you go beyond just the cost of where you could ask can you sued for negligence in my case well that's that's what you sue for analysis of the year that the fair market value of your damages.
Whether damage your car -- whether it -- -- house.
-- -- again you probably wouldn't settle because -- care insurance carrier would have happened and then the carrier gets the right to sue either the neighbor or the neighbors insurance count.
You can you -- any crazy lawsuits that may come out of this at my local place didn't stack up enough water there was a hole in the street.
And if there's one crazy lawsuit that we're gonna hear about what what what that might -- -- -- -- very much of interest to to your viewers that would be a business losses yeah it's very difficult to prove and you basically have to prove.
How much the loss was.
What what you would have burned in that time period had -- been in this that's tough to prove all right.
The sign -- Judge last -- you are the greatest thank you just as always we'll cynical.
