Despite the law, McCalmont will lose coverage soon
Glendale, like Los Angeles, Pasadena and many cities in Southern California, has laws protecting oak trees. Despite this, McCalmont's insurance company is standing firm, and she will officially lose her coverage in December.
Finding a new insurance policy will be difficult. KTLA 5 spoke to two insurance agents who said companies won’t issue policies if any part of a tree is overhanging a structure, regardless of whether the home is in a high fire zone.
A homebuyer who reached out to Los Angeles Urban Forestry was told that a tree’s location doesn’t matter and protected trees cannot be removed for insurance reasons. McCalmont has also written to the state’s insurance commission seeking advice but has not heard back as of late last month.
She is concerned that if she tries to leave California, selling her home may be difficult. Without insurance, the property is nearly impossible to sell, as mortgage lenders are unlikely to approve loans for uninsured homes.
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Explore better ratesWhat are the options for homeowners in similar situations?
Glendale does have a permit process for cutting, removing, pruning, encroaching upon or moving protected indigenous trees. This process may allow McCalmont to remove or at least trim the tree to meet with her insurance company's requirements or provide another alternative to losing insurance coverage. It's unclear if she has submitted an application for a permit.
If she were to destroy, remove or damage it without a permit she would face penalties including a tree replacement fee that is double the value of the removed tree, an administrative enforcement fee and a tree installation fee, according to the Glendale Municipal Code.
If you face a similar challenge, find out if there is a permit process that allows trimming or removal of trees in specific situations. While the process can be lengthy, this may allow you to maintain home owners insurance.
Consider reaching out to your state's insurance commission. While they may not be able to assist with tree removal, they are responsible for ensuring insurance companies follow the law and operate in good faith. This commission may be able to pressure the insurance company to maintain coverage or provide other alternatives.
Another option is reaching out to your county commissioner, state assembly representative, or state senator. The offices of these officials often help constituents with legal challenges like the one McCalmont is facing.
Finally, consider reaching out to a tree or property law lawyer. These legal professionals have extensive experience navigating tree laws and may be able to assist you.
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