Theoretical Question

[Norwayguy]

Okay I am Life and Annuity guy and this almost happened to me and I'm wondering what coverage would pay in the following situation.

I am in Maine as you all know it is wintertime here and we get a lot of snow. This snow builds up on roofs. Many homeowners up here have switched from asphalt shingles to metal roofs, they have a longer life from my understanding...They also have a nasty or nice (depending on your view) this time of year when we get a warm day that the metal roof warms causing the snow on the bottom to melt and a large portion of the snow on the roof to come sliding off. We are talking about snow a foot or more deep and easily 100 to 200 or more square feet and hundreds of pounds of of this snow to slide off.

So I'm driving down this public road and luckily this happened 100ft in front of me that all this snow came crashing down of the road...I couldn't even drive through it thats how deep it was and it took up the entire side of the road.

My question is who is responsible for the damage if I happened to be under this snowfall. Is it considered an act of god? Is the homeowner responsible? Should the town have some liability for letting homeowners who have homes within feet of the road to be able to put up metal roofs? What part of my auto insurance would cover this.

By the way this isn't a uncommon occurance. I was driving down another road in a town that has homes built very close to property lines and it seems the majority of the roofsare pitched towards the road I had to drive down the other side of the road it seems like every 50 feet or so on one road, when I drove back by the public works was out plowing the road...we haven't had snow in about a week but they had to plow this road.

 

[xrac]

Norwayguy, I am not a P&C guy but I never fail to have an opinion. My best guess is that it is covered under comprehensive coverage and that it is considered an act of God. Otherwise I think you would have to prove the home owner neglegent and that would be a stretch. Let's see what others say.

 

[VolAgent]

Again, not a P&C guy, but since Xrac gave his opinion I want to give mine too.

I would think homeowner would bear some liability. If the house hadn't been placed so close to the road with a metal roof, such conditions could not have occured.

 

[Norwayguy]

Norwayguy, I am not a P&C guy but I never fail to have an opinion. My best guess is that it is covered under comprehensive coverage and that it is considered an act of God. Otherwise I think you would have to prove the home owner neglegent and that would be a stretch. Let's see what others say.

I am also thinking it would be comprehensive. Well about the homeowner being Neglegent, I can understand a tree falling that looks healthy and obviously hasn't fallen down before...but in the case of these metal roofs this not only happens every year but happens many times during the year because even as we head into warmer weather we will still get snow storms...

And if you have never seen this happen its not like I'm talking about landing some snow on the road I seriously mean this snow passes the centerline of the road...And typically these roofs don't all come down at once...as the sun passes over only half the roof or so from east to west will come down and then later in the day it will happen again.

 

[GreenSky]

Again, not a P&C guy, but since Xrac gave his opinion I want to give mine too.

I would think homeowner would bear some liability. If the house hadn't been placed so close to the road with a metal roof, such conditions could not have occured.

Or maybe the city should pay since they gave a permit to build a house so close to the road.

Rick

 

[VolAgent]

Or maybe the city should pay since they gave a permit to build a house so close to the road.

Rick

The city ought to build a new home too, set it further back from the street. That would fix everything.

Of course, you realize that many of these homes may have been built before zoning regulations even existed. Probably never was a permit.

 

[GreenSky]

The city ought to build a new home too, set it further back from the street. That would fix everything.

Of course, you realize that many of these homes may have been built before zoning regulations even existed. Probably never was a permit.

If the city can't build a new house, then the state should. If the state won't, then ask Obama.

Be sure to use union labor to get the best value for your money.

Rick

 

[Indiana_Adam]

If someone were under the roof when the snow fell, it would be on the homeowners liability. So to should your vehicle. If someone wants a metal roof, thats fine. They're great and I wish I had one. However, if you install a metal roof and get snowfall, the homeowner should have the snow dams as well. This is a completely preventable risk.

Is that how it's going to happen...maybe...maybe not. The Homeowners insurance company may fight it and say it is an act of god and should be covered under the auto's comp.

If your neighbor's tree falls on your house. Your HO covers it, unless you can prove the neighbor had prior knowledge the tree was likely to fall due to disease or decay.

Actually, just blame it on Rick. He's got plenty of money to spare

 

[Norwayguy]

If someone were under the roof when the snow fell, it would be on the homeowners liability. So to should your vehicle. If someone wants a metal roof, thats fine. They're great and I wish I had one. However, if you install a metal roof and get snowfall, the homeowner should have the snow dams as well. This is a completely preventable risk.

Is that how it's going to happen...maybe...maybe not. The Homeowners insurance company may fight it and say it is an act of god and should be covered under the auto's comp.

If your neighbor's tree falls on your house. Your HO covers it, unless you can prove the neighbor had prior knowledge the tree was likely to fall due to disease or decay.

Actually, just blame it on Rick. He's got plenty of money to spare

That was my thought...with a tree it would be hard to prove that the owner was negligent. But with these metal roofs this snow comes off the same way every single year.

 

[VolAgent]

That was my thought...with a tree it would be hard to prove that the owner was negligent. But with these metal roofs this snow comes off the same way every single year.

Been told this a few times by various people who'd know.

The rule in Tennessee is, if the tree or branch was alive when it fell it is an act of God and the damaged party's insurance pays. If it was dead when it fell, then it was negligence on the part of the property owner and his insurance pays. Pretty easy to tell if a tree was alive or dead.