Please see the attached email. This is a commercial risk. The tree was on the insured's property. An apparently healthy tree with a hollowed center. Wind gusts up to 40mph .Part of the tree fell on a neighbor's car. Would our insured have liability on this matter?
Attached email: We had no indication the tree was hollow. AEP took care of the part of the tree that was on the electric lines and the city determined that the tree was in the city's right of way and removed it yesterday. As you can see from photo (attached), a shed was crushed and gutters were knocked down. Also the ac unit was moved from its concrete base.
The insured's tree fell on the property of others and damaged it. This is a general liability property damage claim, which meets the definition of an "occurrence". It is property damage for which the insured would be legally liable to pay as damages, per the general liability insuring agreement. There do not appear to be any exclusions that would apply in the standard CG 00 01 since the damage and the occurrence did not arise out of the insured's product or workmanship.