Occurrence Requires an Accident

August 18, 2011

Our insured has a HO 00 03 04 91 policy. A liability claim has been presented against the policy. A tree on the insured's property has been growing and the branches are on the neighbor's roof. The branches are causing damage to the roof. Would this be considered an occurrence?

Massachusetts Subscriber

In order for this to be an “occurrence,” it must first be an accident. “Accident” isn't defined in the policy, so we go to a standard dictionary. Merriam Webster online defines “accident” as “an unforeseen and unplanned event or circumstance.” Trees grow slowly, and it's hard to say that the growth of the tree over the neighbor's property was unforeseen; it's probable that each year the tree got closer and closer to the neighbor's roof so that the insured had plenty of time to trim the tree before it became an issue. Therefore, it is not an occurrence and there is no coverage.