Section I Property Coverages - B. Coverage B – Other Structures - 1. We cover other structures on the "residence premises" set apart from the dwelling by clear space. This includes structures connected to the dwelling by only a fence, utility, line or similar connection. If we then go to the definitions section and look at 9. "Property damage" means physical injury to, destruction of, or loss us use of tangible property.

Since a driveway is considered an other structure, and since wind is a covered peril, and since the fallen tree creates loss of use of tangible property, we meet the definition of "property damage". Wouldn't the carrier be responsible for repairing/correcting the "property damage"?

We feel this would virtually be the same scenario as a tree falling due to wind and hitting and damaging a home. The carrier would owe under Section I for getting the tree off the home and basically dropping it on the ground beside the home and then the additional coverage for debris removal would apply to remove the tree from the premises. In our opinion, the carrier should pay any reasonable expenses for removing the tree from the driveway, dropping it beside the driveway, and then the additional coverage for the debris removal would apply.

Your thoughts would be appreciated. Let me know if you have any questions.

PART 2

Thanks so much for your time and response.

In this case there was some damage to the driveway. I did not mention before as I did not know it would matter. I thought that since the definition of "property damage" included loss of use to tangible property, that it would suffice as damage.

Having said that, the customer advised that there are scratched and divots in the driveway. She is sending pictures. If Divots it may be asphalt instead of concrete but regardless, we have property damage.

North Carolina Subscriber

The most that will be paid to remove the tree is $500; the limit per loss is $1,000. The policy considers damage to a structure different than blocking the driveway as seen here (emphasis added):

b. We will also pay your reasonable expense, up to $1,000, for the removal from the "residence premises" of:

(1) Your trees felled by the peril of Windstorm or Hail or Weight of Ice, Snow or Sleet; or

...provided the trees:

(3) Damage a covered structure; or

(4) Do not damage a covered structure, but:

(a) Block a driveway on the "residence premises" which prevents a "motor vehicle", that is registered for use on public roads or property, from entering or leaving the "residence premises"; or

Unless there's actual damage to the driveway from the tree falling on it, the only coverage for removing the tree is the $500.

PART 2

It makes a difference because that definition of "property damage" isn't used in relation to the property itself, but in Section II, the liability coverages. So the coverage to remove the tree is covered under Additional Coverage 1. Debris Removal, and the damage to the driveway itself falls under Coverage B, Other Structures. Let me know if you have any other questions.