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Question: It is alleged that our named insured owns property with a fig tree growing on it. The insured's neighbor noticed small trees sprouting onto his property beginning in the summer of 2016. After attempts to kill the small sprouting trees with no relief, the neighbor dug into his property and found that tree roots from the insured's fig tree have been growing into the neighbor's property, causing this condition. It is alleged that the condition has been worsening over time. The neighbor has concerns about further damage to his lawn as well as foundation, sewer lines and other structures on his property.
The Erie policy says an "occurrence ... (is) an accident, including continuous or repeated exposure to the same general harmful conditions."
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