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If a tree falls, who's to blame?

by DREW MIKKELSEN / KING 5 News

NWCN.com

Posted on November 18, 2009 at 5:35 PM

Updated Wednesday, Nov 18 at 5:42 PM

KEY PENINSULA, Wash. - Jean Sullivan was crushed when a neighbor's tree destroyed her carport, but dealing with her insurance company has been more difficult.

Sullivan told KING 5 she warned her neighbor about the danger several dead trees posed to her property, but Sullivan's insurance agent told her since the warning was not made in writing, the neighbor could not be held liable for the damages.

"It is very, very frustrating," said Sullivan, who will have to pay a $1,000 deductible to have the tree cleaned up and her carport rebuilt.

Sullivan's neighbor, Cindy Wingard figured she'd be responsible for the repairs.

"I thought it was insanity," said Wingard, who feels guilty about causing the damage.

Sullivan plans on sending her neighbor warning letters about other dead trees on her property. Her neighbor said that won't be necessary.

"They'll be gone before the letters are written," said Wingard.

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