The tree example is the easiest also and most people can relate. If a perfectly healthy tree is on the property line in my yard and a storm comes through and blows it over and falls and completely crushes your house and there is no damage to any insurable structure on my side, I wouldnt have a claim. There was no damage to the insured structure on my end. Your insurance would provide you coverage for the damage to your house, your insurer would cut the tree off at the property line, and leave me with the stump.
Give your insurance carrier a call on Monday and pose that scenario to them and see what they say. 100% of the time you are always better to file your claim first party, that means file the claim with your carrier and then provide them with all the information about it that you can and then let them go after the "at fault" parties insurance. The insurance carrier will be able to decide liability and if they think legally someone else is responsible they will go after them. I wrote a check for $24k today for a claim where the plumber we insure didnt install a supply line correctly so two days after the job it flooded these peoples home. They filed first party with Nationwide and Nationwide came to us for the money back.
Give your insurance carrier a call on Monday and pose that scenario to them and see what they say. 100% of the time you are always better to file your claim first party, that means file the claim with your carrier and then provide them with all the information about it that you can and then let them go after the "at fault" parties insurance. The insurance carrier will be able to decide liability and if they think legally someone else is responsible they will go after them. I wrote a check for $24k today for a claim where the plumber we insure didnt install a supply line correctly so two days after the job it flooded these peoples home. They filed first party with Nationwide and Nationwide came to us for the money back.
