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Old 4th February 2007, 02:58 PM   #1
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Exclamation Ignore it then claim insurance!

That's what they do.

Can ya give us a quote for removal of a tree that fell over in the storm and busted the fence.

People often don't maintain their vegetation and when it does fail they think "insurance" will cover it.... "she'll be right, mate."

Check this one out.



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Old 4th February 2007, 03:23 PM   #2
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Nasty case of the Ganoderma's there,
here's one we did earlier....

Ignore it then claim insurance!-dscf5569.jpg

Ignore it then claim insurance!-dscf5568.jpg

Ignore it then claim insurance!-dscf5566.jpg

Ignore it then claim insurance!-dscf5587.jpg

Ignore it then claim insurance!-dscf5594.jpg

Small very lopped benjamina with extensive ganoderma through roots and root crown been declining for 3 maybe 4 yrs Steve had visited this client years before and advised the tree removal..but you know all that money and the tree is still green

Well we got a little rain bout 18mths back and a little wind and whatdyu know the darn thing fell over

We were going to dock it up and cart it out from the yard 5m below road level then Steve saw the light and got in a crane I luv crane jobs...so long as you have a good driver otherwise they terrify me.

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Old 4th February 2007, 06:01 PM   #3
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The top of this was struck by lightening middle last year.

The other day I drove past and a branch was on the footpath.

Today I went and spoke to the neighbour. He said branches are dropping all the time right into where the entrance to their house is. He said he spoke to the guy next door and nothing gets done.

The owner (guy next door) is seldom home, I have left many flyers in the letterbox.

Neighbour says the guy next door said he was waiting for his brother to return to cut it down. (typical legends club thing). Meanwhile the neighbour has also been removing dead branches caught on the service drop! That's serious, and breaking the 3m rule. I lodged a written to council today to put an order on the owner.
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Old 5th February 2007, 06:24 AM   #4
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If I'm reading this right....(and correct me if I'm not) you are leaving brochures for your business at a residence uninvited, (and talking to the neighbors about) a tree on somebody's property that is no real business of yours whether it lives or dies? (Other than you trying to make money off of it.) And furthermore you're submitting a complaint against the individual with the city?

LOL! This is the exact reason why we moved out of the city. Busybodies who can't mind their own business. And if it was me you were doing that to, I'd be filing a 'complaint' of my own against your business license.

That's the view from a 'homeowner' not in the trade.
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Old 5th February 2007, 06:53 AM   #5
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City law demands safety of vegetation, the law is written so action can be taken against people who have hazardous trees.

In this case the tree poses a serious threat to pedestrians and the neighbour. A reasonable person would have attended to the tree, but to leave hazards that affect others lives and put them at risk is unreasonable.

There is no law against putting flyers in peoples boxes or talking with them, this isn't Russia 30 years ago.

The home-owner is way out of line, and regardless of local law there is State law of private nuisance and neglegence anyway.

However if your dead tree is in the middle of your 10 acre paddock and not effecting anyone that is entirely different.
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Old 5th February 2007, 11:04 AM   #6
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Must say, I gotta go with Ekka on this one. Being in UK., we got Duty of care. It is down to the individual to seek professional advice about their trees if they hav'nt got a clue.
Being near to some1 elses property and the public highway, the guy who owns the tree, not only will not be insured, but could also hold him to manslaughter if the worst happened.
Get knockin Ekka and advise the dude on good ownership practice.
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Old 5th February 2007, 11:07 AM   #7
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That's bs. There's no "serious threat" from this tree. The only "serious threat" appears to be to the homeowners wallet from you trolling for his business.

Once again, it is the nanny mentality such as the one exhibited here that is making city life unbearable these days.

A "reasonable" person would have minded their own business and let the homeowner worry about the tree. If you think its 'too dangerous' then don't walk under it or be around it...simple as that.

Is your business in proper order? Because here's hoping that the homeowner goes after you to make sure your affairs are in order, like you're going after him.
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Old 5th February 2007, 11:10 AM   #8
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Yes, you Brits know all about nannys....you're the ones who let them put cameras on every street corner to keep you from misbehaving. I expect you folks to be crybabies. I thought Aussies were made of stronger stuff though.
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Old 5th February 2007, 11:16 AM   #9
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For the record, I spent about $10,000 last year to have some huge old trees removed on my property because moron neighbors dug up the tree's roots with construction projects and then complained to the city when the trees started dying back, saying I wasn't taking care of them and they posed a 'danger'. Rubbish. It was their fault the trees were that way in the first place.
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Old 5th February 2007, 11:30 AM   #10
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Quite the ugly face ( NEGLIGENCE), I see it every day. And it's the unsuspecting passer by that gets Smaked on the head and finds that he/she won't get a penny, unless they take the owner of the tree to court, to pay for their fee's / time off work. etc etc etc
As for your neighbours digging up your roots, thats a matter for you to take up with them, or the contractors that damaged the roots of your living giants.
And as I see it every day, I also file reports for insurance companies alike to find fault. As for the guy we are talking about, He is at fault, and in UK. would not be insured in the unlikely event that some 1 not walking on the other side of the street, just minding their own, get hit. What would you do if you got hit. I can only guess.
And for the record, only pikies sting the customers. $10,000 sounds a bit steep for a couple of trees. But hey, I'm not a brit, I'm Manx.
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Old 5th February 2007, 11:32 AM   #11
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And as for the cameras, maybe thats why our cops don't get trigger happy and shoot innocent kids.
But cheers anyway.
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Old 5th February 2007, 06:06 PM   #12
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Oh Sappy's just talking like that coz he's the victim of such a case.

Sap, everyone one has the right to enjoy their property to the boundaries without threat or risk ... whether that be trees or a stinking smoking wood boiler it doesn't matter.

And in the case above the tree owner is neglegent beside down right inconsiderate. That's the entrance to their house.

Remember that case in Hawaii where a large Norfolk Pine on the footpath fell onto a house putting a 12 year old girl into hospital for many moths in a coma? Well the council contractors who worked those trees were negligent as they ignored the blatant VTA signs of DANGER. They did nothing about the tree, didn't report the tree. Now a families life is changed forever when something could have been done.
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Old 5th February 2007, 06:53 PM   #13
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http://www.dailymail.co.uk/pages/liv...n_page_id=1770

Heres 1 just for Sappy! Young boy dies as a result of negligence....
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Old 5th February 2007, 08:48 PM   #14
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"An inspector alerted to the presence of the crack at the point of collapse would have been obliged immediately to deal with the problem either by felling it or removing its crown to ensure it didn't collapse."

"The system of carrying out a survey was inadequate to ensure the safety of members of the public." National Trust park manager Steven Adams and Head estate warden Adam Riley were quizzed by police but not charged.


Says it all, if it can be seen then you have no leg to stand on. The top of this pine is caught up and pines like this lose their integrity quickly. I have no feelings of guilt or anything dobbing in this owner, in fact, it might just save some-one an injury.

People need to take responsibility for their vegetation, and they better know what an arborist is if they have trees. and on that note arborists better get their act together not to end up in hot water.
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Old 5th February 2007, 09:16 PM   #15
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I agree absolutely with your point Ekka that managers/owners of trees have to take responsibility for their trees, and as skilled and qualified people we should be the ones offering them a range of options as to how they can achieve that.

But we should all be careful taking egs from the press, the events in Dunham Massey Park were played for all they were worth by the press in the UK at the time. Everyone was looking for someone to blame.

The National Trust (Managers of the park) developed back in 1997 one of the better policies for managing tree risk it has been tested numerous times in British courts and was one of the first such policies to take seriously the issues arising from mixing people and trees in different conditions.

National trust assessment.pdf

I would argue that since 97' they should have improved their assessment tools, methods and training for grounds staff (since as you can see they're the ones assessing by and large). Also a big part of what I think Ekka's saying is if an Arborist spending the day in the park had been fortunate enough to see the biomechanical signs of serious trouble, then they sure as hell should make sure everyone knows about it. Thats part of our responsibility to Joe public and all their little kids.

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Old 5th February 2007, 09:55 PM   #16
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Hey Ekka, this guy's brother in law is gonna fell this sucker (says the neighbour) just seen the piccy's. UK Law states that no un trained or non qualified persons (Public or Private) may clear branches limbs or whole tree's that surround urility wires. Whats your laws on the matter, just currious.
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Old 5th February 2007, 10:10 PM   #17
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To work within 3m of the wires one must be certified.

Non-electrical worker certified is allowed within 1m ... this is for low voltage (under1000v) and service drops.

So if the service drop is within 1m if the trunk of the tree then the energy company cuts it down.
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Old 6th February 2007, 10:17 AM   #18
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Just heard a story where sombody got sued over damage that was caused by a pandanus nut "apparently".The story goes that old mate parked his car under this pandanus and a green nut fell and cracked his windscreen and scratched the bonnet. Coconut i could understand Pandanus not a hope Owner of the tree paid just to make it go away Sorry but i need more proof before i believe that a pandanus can do that much damage.
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Old 6th February 2007, 10:18 AM   #19
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So, check this out. Had a look yesterday. The fallen one I'll start another thread on but the "victim" neighbour had be asking for the tree to be cut down as was progressively leaning toward their house.

Look at the other big grey gum (euc major) up the back, it's also leaning and has same symptoms as fallen one.

I spoke with owner and said he better remove it but he just shrugged his shoulders and said it's an insurance job ... funny part is the victim had to claim for the fallen on on their insurance!
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Old 7th February 2007, 01:25 PM   #20
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This ones near the corner of Nightingale Street and Creek Road MtGravatt East.

Same again, struck by lightening middle last year.
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Old 11th February 2007, 12:24 PM   #21
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Thats a belter, not seen 1 like b4 Ekka. Check this 1 outIgnore it then claim insurance!-image_00021.jpg
was asked to cut these in half. Haha. there is a felling order on them as I made a point of finding out.
Basal Cavities, buttress roots damaged, on a steep bank with loosened soil and the only foliage and limbs are only on 1 side of the buggers . Now she wants them with 20 foot taken off, so if they did fall (so when they do fall), will miss the next doors property by inches. You do get 'em don't ya!!!!
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Old 11th February 2007, 04:33 PM   #22
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Well, if you can take 20' off the top of them and then fell it wholus bolus into her yard it would be a lot cheaper ... but what's the order say .... removal?
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Old 20th February 2007, 12:06 PM   #23
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Client now changed their mind. They seen cases where trees have slid down banks on the net. They're comin down by saw instead.
Saves them the hastle of getting a builder in I suppose..Sorry ----- Trees had a felling order on them anyway.
They were just tryin not to spend the money.
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Old 20th February 2007, 12:16 PM   #24
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When ya numbers up then ya numbers up!

And if there's a felling order then some-one has assessed a decent enough hazard that has to go.

Good one, are you getting the job?
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Old 20th February 2007, 12:25 PM   #25
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Done deal, should manage to start it in the next couple of weeks.
I'll get a better photo when in progress...
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Old 20th February 2007, 12:44 PM   #26
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Hi Eric, gotta ? for ya... Seen a monkey puzzle tree today that would need some slight attention. It's about 90foot tall and no limbs for the first 60-70. There's no access for a hoist. How could it be climbed. Any ideas mate. my throwing arm aint that good.
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Old 3rd March 2007, 08:43 PM   #27
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I asked a freind that has a insurance firm about this subject and gave him the link to this thread here is his response...

Hi Jas,

I've had a look at the photos and see the point, thanks, insurance is the whipping boy for many losses. Its all too common, we get quite a few claims for fallen trees on property / buildings, it must cost the insurance industry quite a bit and in turn drive up premiums for all of us.

All reasonable insurance policies cover the damage arising from the tree falling, however, many of them set a limit for the disposal or clean up of debris, as such individuals risk the cost of contributing towards such disposal and clean up costs.

See page 25 of Allianz landlords insurance policy for example, it appears to only cover $500.00 towards the removal costs. Allianz is probably the biggest insurer in the world, they claim to have high quality policies and insure over 3 million Australians (or something like that), as such this is probably a good example of the point.

Not sure what can / should be done, it might be a general selling point for you, however, people that are not aware of such limitations may examine their policy wording if they felt they were at risk of such an occurrence and take out a policy with an insurer that does not limit the costs or one that has a higher limit.

Let me know if you want further comment.

Look forward to seeing you soon.

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Old 3rd March 2007, 08:52 PM   #28
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Allianz insurance wording.
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File Type: pdf Allianz Landlords Wording 20050601.pdf (151.6 KB, 85 views)
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Old 3rd March 2007, 09:31 PM   #29
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Good work a_lopa, haven't see that Allianz info before.

Under impact damage pg 16 part e
They will pay for loss or damage caused by the impact of falling trees or parts of falling trees. Will not pay if the loss/damage is caused by the lopping/felling of trees at your address.
Now Allianz doubtless mean by that during the lopping if a branch/s fall onto the house etc... But clearly we can show that the long terms results of such poor and damaging practices lopping are no different for the tree than malicious damage resulting in damage, for which the insurer will never pay out on.

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Old 5th March 2007, 07:42 PM   #30
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i dont see why insurance companies should pay out a cent for trees that, deemed by an arborist, had obvious signs that failure was likely. If you drove your car around with bald tyres, no brakes, broken windscreen, speeding, drunk, unlicensed etc. do ya think they'd pay up when you crash ya car. Yet the equivilant happens with trees and they keep paying.

Ignorance should be no excuse

I vote for compulsory annual arborist inspections for all properties surrounded by trees if they wish to maintain their cover.
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