Desktop Review: Gretchen Gallo and Bad Neighbors

November 10, 2020

Desktop Review: Gretchen Gallo and Bad Neighbors This desktop review came from the legal department of an insurance company. The matter was rooted in the claimant whose driveway and swimming pool were being damaged by the roots of a neighbor’s oak tree. Serious damages … think six figures. The neighbor did, in fact, own the […]

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Tree Preservation: Different Things to Different People

July 27, 2020

Tree preservation: Different things to different people. If you are a builder or a developer, tree preservation pretty much equates to not knocking the tree down during development. If you are a homeowner, then tree preservation takes on a more feng shui application. The utility of doing it well, doing what’s right, and doing it […]

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Taking the Mystery Out of Tree and Landscape Claims

March 26, 2020

Taking the mystery out of tree and landscape claims can be difficult! If you have had a tree or landscape claim come across your desk, you know the empty feeling associated with wondering just how the matter will be resolved. If only it were a car or a home, life would be so much easier. […]

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A Misunderstood Common Law Privilege

March 5, 2020

There is a misunderstood common law privilege that permits a landowner to cut encroaching tree and plant parts extending onto and into his property from a neighbor’s property. However, that action does not extend to conduct causing damage to the neighboring property. There is a privilege, but it is not absolute. The privilege is not […]

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Insurance Think Tanks and Mr. Big: Reduction of Risk

February 8, 2020

Somewhere on the penthouse floor of a gigantic insurance Think Tank sat Mr. Big. He had a grand idea. If the insurance risk of failing trees or tree parts could be eliminated, so would the wrongful death and personal injury cases his company and other insurance companies were paying out in claims. Trees falling onto […]

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Tree Codes: Death, Injuries and Unintended Consequences.

January 21, 2020

Tree codes: death, injuries, and unintended consequences are a fact of life for arborists! I can recall to this day precisely where I was and what I was doing when I first heard the news. Unbelievable as it was. Stunned. Intellectually frozen in my thinking. The government was going to require that a permit be […]

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The Bill of Rights: Valuation vs Land Use

January 11, 2020

The Bill of Rights: Valuation vs Land Use Few of us have read the U.S. Bill of Rights, which is quite understandable. However, the last 12 words of Article 5 have shaped our nation and introduced a niche legal area of the law known as condemnation or eminent domain. “… Nor shall private property be […]

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Tree Failures and Wrongful Death Claims

December 24, 2019

Tree failures and wrongful death and landscape claims typically fall into the category of valuations. A tree or landscape was damaged, and somebody wants to be paid. And there is much to be considered regarding the valuation of trees and landscapes, which goes to a different level if the tree failure caused personal injury or […]

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Who’s Cheating Their Insurance Company?

November 25, 2019

Who’s cheating their insurance company? There are abuses on both sides of the insurance cheating issue. There are high-profile attorneys with great expertise in detecting fraud. These attorneys regularly post on LinkedIn verdicts that they received from a jury, verdicts that far exceeded the original claim in many instances. There are insurance companies whose attorneys […]

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Good Fences Make Good Neighbors. Trees and Neighbor Disputes.

September 25, 2019

As the old saying goes, good fences make good neighbors. I’m not an attorney and certainly not qualified to give legal advice. However, after scores of litigated cases where I served as an expert witness, I can offer some significant take-home lessons for anyone involved with a neighbor who is a poor steward of their […]

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