Earth Movement Caused by Tree Roots

Our insured's detached garage has been damaged by a neighbor's tree roots. As you can imagine, this has been going on for some time. In 1990 our insured notified his neighbor (in writing) that the tree roots were encroaching and, as the tree has gotten substantially bigger since then, so have the roots.

Now it is to the point where the garage floor and mortar joints have been cracked by the roots.

Our insured has an HO 03 and has submitted a claim. The insurer, however, is denying the claim, stating that the roots caused the earth to move, and earth movement is excluded.

We contend the damage was caused by the tree roots, which is covered, not earth movement.

Can you help?

Kentucky Subscriber

The HO 03 has no exclusion for tree-root induced damage. Arguing that the tree has caused the earth to move, and therefore the resulting damage is excluded, falls outside commonly held judicial opinion. Most courts hold with the opinion expressed by the Pennsylvania court in Rightly v. Lebanon Mutual Ins. Co. (79 Del 319, 1993 C.C.H.4097), “the Court finds that the earth movement exclusion applies only to spontaneous, natural, catastrophic earth movement and not movement brought about by other causes.”

 

In that case, paving vehicles traveling on a third party's drive adjacent to the insured's property caused vibrations which damaged the insured's home.

 

In other words, earth movement induced by man-made means is covered. Your insured's neighbor's failure to act in allowing the tree roots to continue to grow, even after being told of the problem, is the man-made means by which this seemingly natural movement occurred. Therefore, there is coverage.