Unfortunately, your insurance is right. Under common law of property, when a tree is on one piece of land, any part of that tree that falls on or encroaches on neighboring land is the liability of the neighboring landowner to remove. The Indiana Supreme Court follows the natural condition rule under common law, which states that a landowner was not liable for harms caused to others outside of his land caused by a natural condition of the land. The Indiana Supreme Court in Valinet v. Eskew, 574 N.E.2d 283, 285 (Ind.1991), modified the rule to add that while this would be the general rule, but that the Courts would impose liability ... "when landowners had actual knowledge of a dangerous natural condition, regardless of location,” Id.

In order to impose liability of the owner of the tree, the Indiana Courts use a three-part duty analysis in Webb v. Jarvis, 575 N.E.2d 992 (Ind.1991) to determine whether a landowner in a residential or urban community owes a duty to prevent an unreasonable risk of harm to adjoining property owners or their property resulting from trees growing upon the landowner's property. The relationship, foreseeability and public policy factors all support the existence of a duty. The relationship is significant in that it is between the owners of adjoining property. There is a high degree of foreseeability of harm. Finally, the landowner is best situated to prevent or minimize the harm by trimming the tree upon the landowner's property.

Thus, they would have to show that for you to be liable you failed to inspect the tree regularly, the tree presented an unreasonable risk of harm and you failed to maintain the tree then the court could hold you liable. However, if this was simply caused by natural conditions, you would not be liable and it would be his liability.

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