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Thread: Couple Arrested at Gunpoint Because Cops Thought Hibiscus Plants Were Marijuana

  1. #1

    Couple Arrested at Gunpoint Because Cops Thought Hibiscus Plants Were Marijuana

    Couple Arrested at Gunpoint Because Cops Thought Hibiscus Plants Were Marijuana

    November 21, 2017 at 1:20 pm
    Written by Carey Wedler

    Buffalo Township, PA — An elderly couple in Pennsylvania’s Buffalo Township is questioning their faith in police after they were wrongly accused of marijuana possession and detained for hours outside their home.

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    A tree fell on Audrey and Edward Cramer’s property in October, prompting their insurance company, Nationwide, to make a trip to their home. The agent, however, took pictures of hibiscus plants sent pictures to police claiming it was cannabis. The couple is now suing the insurance company, the agent, and several Buffalo Township police officers for punitive damages in Butler County Court.

    Officers promptly went to their home and detained Audrey, who was not fully dressed, in one of the officers’ cars. The 66-year-old woman says she felt dehumanized.

    “I was not treated as though I was a human being,” she said. “I was just something they were going to push aside.“

    “She came down. She opened the door. She was confronted with what she thought was a dozen police officers with assault weapons who said they had a warrant,” said Al Lindsay, the couple’s attorney. “They pushed her. They went through the house.” The Pittsburgh Tribune-Review summarized some of the claims the couple made in the suit:

    “According to the complaint, Sgt. Scott Hess demanded that Cramer put her hands up and told her that he had a search warrant but would not show it to her.

    “Then, ‘Hess entered the home and went upstairs. Upon returning downstairs, he demanded that (Cramer), a 66-year-old woman, be handcuffed behind her back in a state of partial undress.’

    “The suit claims Cramer asked if she could put on a pair of pants next to her, and was told ‘in no uncertain terms’ that she could not.”

    She was placed under arrest and read her rights.

    Edward says that when he got home, police pointed guns at him and arrested him, as well. He tried to explain to the officers that the plants were not cannabis but hibiscus flowers.

    “They actually ignored me,” he said. “They wouldn’t even listen. I said, ‘I can show you pictures on the internet.’“

    The suit also alleges that the insurance agent who sent pictures to the cops “intentionally photographed the flowering hibiscus plants in such a manner as not to reveal that they had flowers on them so that they would appear to resemble marijuana plants.”

    Though they were released without charge, Audrey says she was traumatized by the incident.

    “I’m starting to understand why a lot of the public do not trust police officers,” Audrey said. “I really feel like I’ve been smacked in the face with this, and no, I don’t think I’ll ever trust a police officer again.“

    “I don’t sleep at night, and [Edward doesn’t] leave me at the house by myself,” she added.

    Allegations in the suit against Buffalo Township Police, Nationwide Insurance, and the agent who submitted the photos include the use of excessive force, false arrest, false imprisonment, intentional infliction of emotional distress, and invasion of privacy.

    The police and insurance company have so far declined to comment.
    http://theantimedia.org/couple-arres...zen.yandex.com
    “The spirits of darkness are now among us. We have to be on guard so that we may realize what is happening when we encounter them and gain a real idea of where they are to be found. The most dangerous thing you can do in the immediate future will be to give yourself up unconsciously to the influences which are definitely present.” ~ Rudolf Steiner



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  3. #2
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    FIVE PLANTS THAT LOOK LIKE MARIJUANA: A HELPFUL VISUAL GUIDE FOR LAW ENFORCEMENT AND THE CURIOUS


    Back when I lived in Tennessee, I attempted to grow cassava plants indoors over the winter with the help of some grow lights. They were sitting on a nice window seat by one of the front windows of my house. I kept the curtains drawn to help keep in some of the heat.
    One night after setting them up I went for a walk and looked at my house from the road.
    I suddenly noticed the window: the grow light (now I’d get a better one, like this model) behind the cassava silhouetted the leaves against the curtain and I was shocked. It totally looked like I was growing pot.
    For intentional marijuana growers, this book is supposed to be one of the best
    Seriously – it was a hilariously incriminating tableau, if harmless. Cassava don’t look much like marijuana up close, but they do have a similar leaf shape. With a light shining through them and out into the dark front yard, it looked like Cheech and Chong’s house.
    Here’s my take on the laws regarding marijuana and how I treat them. Romans 13 reads, in part:
    Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Consequently, whoever rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves.

    As much as we may not like the rules sometimes, those of us who hold the Bible as true will submit to it – and to those in authority, providing they’re not commanding us to do evil. I think marijuana should be legal, but as long as it’s illegal – I won’t break the law by growing it, owning it, smoking it, etc. Eventually it will probably be legal in my area, then I’ll be fine. But for now…
    That said, there are plenty of plants – like cassava – that can sometimes be confused with marijuana by folks that aren’t that good at taxonomy. I thought it might be helpful for me to do a post containing some of the various plants that grow in Florida that you might see in landscapes, food forests and butterfly gardens which have a cursory resemblance to Cannabis sativa.
    Here’s what Marijuana looks like:
    Photo from Wikimedia commons.
    NOTE: THIS PLANT IS NOT AT MY HOUSE – IT’S FROM WIKIPEDIA! Hehhehheh.
    Actually, the only time I’ve ever seen marijuana growing was when we rented a house down in South Florida. Apparently someone had dropped seeds in the side yard because there was a sickly little plant there. The landlord pointed it out to us when we were inspecting the house for the first time, laughed, cracked a joke, then removed it.

    So… let’s take a look at the look-alikes
    Plants With Leaves That Look Like Pot

    1. Coral Plant


    Latin name: Jatropha mutifida
    This attractive flowering plant in the spurge family has leaves that look like marijuana; however, the milky latex, bright blooms and fleshy stems rapidly rule it out. Before flowering it could perhaps be mistaken for pot; afterwards, there’s no way.



    2. Cranberry Hibiscus


    Latin name: Hibiscus acetosella
    This tasty-leafed member of the hibiscus family is often planted as an ornamental in Florida. It’s a perennial shrub with pink blooms that have burgundy throats.
    If you were colorblind you might get worried about this one; otherwise, the red leaves should convince you that your potential criminal is just a plant enthusiast, not a drug dealer.
    If the suspect has a tattoo of Bob Marley beneath a glowing mushroom, however, all bets are off.
    3. Rose Mallow/Scarlet Hibiscus


    Latin Name: Hibiscus coccineus

    I have a police officer friend who informed me that this particular native Florida plant has gotten more than one officer a bit… excited… over someone’s garden. The plant looks like weed.

    The leaves on it more than resemble marijuana. When it’s not blooming, I can see how it could be confused with Cannabis, though my police officer friend told me that marijuana plants have a particular smell that stands out when the leaves are crushed. Hibiscus don’t really smell like anything.

    4. Cassava


    Latin name: Manihot escuelenta

    I don’t really think cassava looks like marijuana, though people do joke about it when they visit my place. Cassava is a tropical root crop with tall stems that just look… well… tropical! The only real resemblance it has to marijuana is the palmate leaves. The giveaway, other than the growth habit, is the fact that marijuana leaves have toothed edges and cassava does not.
    5. Kenaf

    Latin name: Hibiscus cannabinus

    Now this plant looks like marijuana before it blooms.

    I once got some kenaf seeds from the USDA and planted them in my garden. I was hoping they’d be a good source of fast-growing biomass for my food forest chop-and-drop; however, when they came up they really, really, really looked like pot. As they grew, they just got worse.

    I was starting to worry that I’d get raided or that a Predator drone would come firebomb my garden so I pulled them up and threw them in the compost pile. The police have mistaken these plants before – and not had to pay for the damage they caused with their mistaken raid – so I figure they’re just too close-looking to be worth growing. I like my peace and quiet – they can go after that guy with the tattoo instead.

    To tell kenaf apart from marijuana is easy when the plant blooms. Otherwise, you’ll need to smell it or do a lab test for THC. It’s too bad it looks like something illegal, since kenaf is a great biomass crop.


    Can you think of a plant I missed? Let me know in the comments.
    http://www.thesurvivalgardener.com/f...ike-marijuana/

  4. #3
    It should be a requirement in the police academy to take a botanical course before they graduate.
    “The spirits of darkness are now among us. We have to be on guard so that we may realize what is happening when we encounter them and gain a real idea of where they are to be found. The most dangerous thing you can do in the immediate future will be to give yourself up unconsciously to the influences which are definitely present.” ~ Rudolf Steiner

  5. #4
    I would think the insurance agent would lose his/her license as well.
    #NashvilleStrong

    “I’m a doctor. That’s a baby.”~~~Dr. Manny Sethi

  6. #5
    Quote Originally Posted by euphemia View Post
    I would think the insurance agent would lose his/her license as well.
    You would hope. Nosy Nelly for Nationwide--who are not on your side.
    “The spirits of darkness are now among us. We have to be on guard so that we may realize what is happening when we encounter them and gain a real idea of where they are to be found. The most dangerous thing you can do in the immediate future will be to give yourself up unconsciously to the influences which are definitely present.” ~ Rudolf Steiner

  7. #6
    Quote Originally Posted by donnay View Post
    It should be a requirement in the police academy to take a botanical course before they graduate.
    Wouldn't matter. I know this cop. I used to work with him at another job (he was a part-time Buffalo Twp officer, back then).

    He's a jackass. The kind of guy that lives his life on a power trip. Couldn't have happened to a better $#@!. Totally, not surprised he over-reacted when he got the chance. Just glad he's finally getting some retribution.

    (For point of reference, there used to be a bridge at the bottom of a really steep hill. The speed limit on the hill was like 45 or something, but you had to ride the brake to keep it down. At the bridge, though, the speed limit dropped to 25 right after a turn. Scott used to joke and brag about how many people he could ticket in a few minutes. They've since redesigned the road there, but it just goes to show what an asshat he is.)
    "And now that the legislators and do-gooders have so futilely inflicted so many systems upon society, may they finally end where they should have begun: May they reject all systems, and try liberty; for liberty is an acknowledgment of faith in God and His works." - Bastiat

    "It is difficult to free fools from the chains they revere." - Voltaire

  8. #7
    Quote Originally Posted by CaptUSA View Post
    Wouldn't matter. I know this cop. I used to work with him at another job (he was a part-time Buffalo Twp officer, back then).

    He's a jackass. The kind of guy that lives his life on a power trip. Couldn't have happened to a better $#@!. Totally, not surprised he over-reacted when he got the chance. Just glad he's finally getting some retribution.

    (For point of reference, there used to be a bridge at the bottom of a really steep hill. The speed limit on the hill was like 45 or something, but you had to ride the brake to keep it down. At the bridge, though, the speed limit dropped to 25 right after a turn. Scott used to joke and brag about how many people he could ticket in a few minutes. They've since redesigned the road there, but it just goes to show what an asshat he is.)
    Then he deserves everything coming to him. Good things this elderly couple had good hearts.
    “The spirits of darkness are now among us. We have to be on guard so that we may realize what is happening when we encounter them and gain a real idea of where they are to be found. The most dangerous thing you can do in the immediate future will be to give yourself up unconsciously to the influences which are definitely present.” ~ Rudolf Steiner

  9. #8
    Quote Originally Posted by donnay View Post
    Then he deserves everything coming to him. Good things this elderly couple had good hearts.
    Yeah - I'm kinda enjoying this story. And super glad it made national news.
    "And now that the legislators and do-gooders have so futilely inflicted so many systems upon society, may they finally end where they should have begun: May they reject all systems, and try liberty; for liberty is an acknowledgment of faith in God and His works." - Bastiat

    "It is difficult to free fools from the chains they revere." - Voltaire



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  11. #9
    Police mistook hibiscus plants for marijuana, arrested Buffalo Township couple, suit claims
    By Matthew Medsger

    A Buffalo Township couple is suing the township police and the Nationwide Insurance Co. after, their lawsuit says, hibiscus plants growing in their backyard were mistaken for marijuana plants.

    In a lawsuit, Edward Cramer, 69, and his wife, Audrey Cramer, 66, claim that Buffalo Township police handcuffed them both and made them sit in the back of a police car for hours last month as police ransacked their house looking for marijuana.

    But rather than running a pot-growing operation, the Cramers say they grow flowering hibiscus in their backyard.

    The Cramers were not charged.

    They filed a civil lawsuit Thursday in Butler County Court against Nationwide Mutual Insurance Co., Nationwide agent Jonathan Yeamans, Buffalo Township and three of its police officers.

    Among the allegations are use of excessive force, false arrest, false imprisonment, intentional infliction of emotional distress and invasion of privacy.

    “Nationwide is not in a position to discuss the matter at this time,” company spokesman David Gilligan wrote in an email.

    Buffalo Township police did not immediately return a request for comment.

    The trouble started when a neighbor's tree fell on the Cramer's property in September.

    The lawsuit states that Yeamans came to the property on Oct. 5 to investigate the insurance claim.

    But the suit claims that Yeamans surreptitiously shot photos of the flowering hibiscus growing in the Cramers' backyard and sent them to police as evidence of a marijuana grow operation.

    According to the complaint, Yeamans “intentionally photographed the flowering hibiscus plants in such a manner as not to reveal that they had flowers on them so that they would appear to resemble marijuana plants.”

    Based on those photos, the suit claims, Buffalo Township police Officer Jeffrey Sneddon obtained a search warrant for the Cramers' property. The suit says that Sneddon claimed to have expertise in identifying marijuana.

    The suit alleges that the search warrant contained no probable cause to search the Cramers' home.

    The police apparently arrived at the Cramers' home around noon Oct. 7 while Audrey Cramer was on the second floor only partially dressed.

    When she answered the door, she alleges that about a dozen officers were pointing assault-style rifles at her.

    According to the complaint, Sgt. Scott Hess demanded that Cramer put her hands up and told her that he had a search warrant but would not show it to her.

    Then, “Hess entered the home and went upstairs. Upon returning downstairs, he demanded that (Cramer), a 66-year-old woman, be handcuffed behind her back in a state of partial undress.”

    The suit claims Cramer asked if she could put on a pair of pants next to her, and was told “in no uncertain terms” that she could not.

    She was placed under arrest and read her rights.

    The complaint alleges that she was walked outside and made to stand — handcuffed, in her underwear and without shoes — for 10 minutes.

    The suit claims that Hess refused her request to get sandals. Police walked her down the gravel driveway, barefoot, to a police car.

    The complaint alleges that she was left in the “very hot” patrol car, with her hands cuffed behind her, for four-and-a-half hours.

    The high temperature that day was 82, according to the Accuweather company.

    When Cramer asked Hess, “What on earth is going on,” she was informed of the police's search for marijuana.

    The suit says she explained that the plants were flowering hibiscus plants, but Hess, claiming expertise, insisted that they were marijuana.

    A half-hour later, Edward Cramer arrived home to find his wife handcuffed in the police cruiser and officers searching his home.

    The suit claims he was met with leveled guns, removed from his car, placed under arrest and put in the police car with his wife for more than two hours.

    According to the complaint, Edward Cramer repeatedly asked to show the police that the plants were hibiscus and noted the flowers clearly in bloom.

    “Why couldn't the police see what it was?” Al Lindsay, the Cramers' attorney, said in a phone interview. “Being arrested, for people like this who have no history with crime and no experience with law enforcement, this is an incredibly traumatic experience.”

    The suit says police found no marijuana in the home or outdoors and released the Cramers from the police car.

    According to the lawsuit, Hess admitted that he didn't think the plants were marijuana, but confiscated them nonetheless and labeled them “tall, green, leafy, suspected marijuana plants.”

    The Cramers continue to receive medical care, according to Lindsay, and Edward Cramer has seen a trauma therapist.

    On Oct. 26, Nationwide sent the Cramers a policy notification letter claiming to have found marijuana growth on the property.

    The letter stated that if they failed to remove the marijuana plants, Nationwide would cancel their insurance policy.

    The Cramers are seeking “monetary and compensatory damages,” attorneys' fees plus court costs. They are seeking a jury trial.
    ...
    http://triblive.com/local/valleynews...g-false-arrest
    "Foreign aid is taking money from the poor people of a rich country, and giving it to the rich people of a poor country." - Ron Paul
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    Proponent of real science.
    The views and opinions expressed here are solely my own, and do not represent this forum or any other entities or persons.

  12. #10
    Well... I just found a country that has a weed leaf on it's flag!!! OMG, lets invade!




    Really ?!

    Plant some, Phlox subulata, This plant looks nothing like cannabis, however, it sure smells like it.
    "I am a bird"

  13. #11
    Quote Originally Posted by donnay View Post
    It should be a requirement in the police academy to take a botanical course before they graduate.

    It is... They have to be able to identify the plant, and even the smell (controlled burn). Otherwise they'd have trouble prosecuting people that were arrested by police who could not prove they knew how to smell or identify the drugs. In other words, it is this required training that gives credibility to the officer's testimony.

    Gulag Chief:
    "Article 58-1a, twenty five years... What did you get it for?"
    Gulag Prisoner: "For nothing at all."
    Gulag Chief: "You're lying... The sentence for nothing at all is 10 years"



  14. #12
    But, but, what if it HAD been marijuana. No telling the number of people that could have died.

  15. #13
    Quote Originally Posted by phill4paul View Post
    But, but, what if it HAD been marijuana. No telling the number of people that could have died.
    Mindless blue worshipers will continue to carry on about these unsung heroes... In fact, despite this woman being exposed to this nonsense, she says she's only starting to see why people dont trust the cops.... Just starting? Does she need a bullet in the head to convince her?

    Take away qualified immunity and this cop problem goes away. Rights should mean something, and there should be legal recourse against any individual who violates them - that includes police. "..But then nobody will be a cop due to the liability" - damn right.

    Gulag Chief:
    "Article 58-1a, twenty five years... What did you get it for?"
    Gulag Prisoner: "For nothing at all."
    Gulag Chief: "You're lying... The sentence for nothing at all is 10 years"



  16. #14
    Quote Originally Posted by brushfire View Post
    It is... They have to be able to identify the plant, and even the smell (controlled burn). Otherwise they'd have trouble prosecuting people that were arrested by police who could not prove they knew how to smell or identify the drugs. In other words, it is this required training that gives credibility to the officer's testimony.
    This guy must have flunked that part of the program. Well, lets hope the elderly people have a great attorney to sue the heck out of this police department.

    The insurance agent should be severely admonished and never allow to work in the insurance field again. Nationwide should be cringing in their towers. I really loathe this snitch mentality. I would never use Nationwide now.
    “The spirits of darkness are now among us. We have to be on guard so that we may realize what is happening when we encounter them and gain a real idea of where they are to be found. The most dangerous thing you can do in the immediate future will be to give yourself up unconsciously to the influences which are definitely present.” ~ Rudolf Steiner

  17. #15
    Quote Originally Posted by luctor-et-emergo View Post
    Well... I just found a country that has a weed leaf on it's flag!!! OMG, lets invade!




    Really ?!

    Plant some, Phlox subulata, This plant looks nothing like cannabis, however, it sure smells like it.

    They should invade Japan too - they have marijuana trees!




    ^ "Acer Palmatum"

    Gulag Chief:
    "Article 58-1a, twenty five years... What did you get it for?"
    Gulag Prisoner: "For nothing at all."
    Gulag Chief: "You're lying... The sentence for nothing at all is 10 years"



  18. #16
    Quote Originally Posted by brushfire View Post
    Mindless blue worshipers will continue to carry on about these unsung heroes... In fact, despite this woman being exposed to this nonsense, she says she's only starting to see why people dont trust the cops.... Just starting? Does she need a bullet in the head to convince her?

    Take away qualified immunity and this cop problem goes away. Rights should mean something, and there should be legal recourse against any individual who violates them - that includes police. "..But then nobody will be a cop due to the liability" - damn right.
    Any litigated damages should first come from the police pension fund. I bet cops would spend more time policing themselves than the public.



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  20. #17
    Quote Originally Posted by donnay View Post
    This guy must have flunked that part of the program. Well, lets hope the elderly people have a great attorney to sue the heck out of this police department.
    No doubt - to be complete honest, I dont know if its a nationwide standard. I know the police departments in my area use "evidence" to train their officers. Perhaps Buffalo township doesnt do that.

    Gulag Chief:
    "Article 58-1a, twenty five years... What did you get it for?"
    Gulag Prisoner: "For nothing at all."
    Gulag Chief: "You're lying... The sentence for nothing at all is 10 years"



  21. #18
    “I’m starting to understand why a lot of the public do not trust police officers,” Audrey said. “I really feel like I’ve been smacked in the face with this, and no, I don’t think I’ll ever trust a police officer again.“
    Better late than never, sai.

    Be thankful they didn't light you and your husband up and burn the house down.

  22. #19
    Quote Originally Posted by brushfire View Post
    No doubt - to be complete honest, I dont know if its a nationwide standard.
    Me neither ,but they all seem just a bit on the slow side..
    Or, that has been my life experience.
    Liberty is lost through complacency and a subservient mindset. When we accept or even welcome automobile checkpoints, random searches, mandatory identification cards, and paramilitary police in our streets, we have lost a vital part of our American heritage. America was born of protest, revolution, and mistrust of government. Subservient societies neither maintain nor deserve freedom for long.
    Ron Paul 2004

    Registered Ron Paul supporter # 2202
    It's all about Freedom

  23. #20
    The proper way to solve this issue it to make any plant that looks like an illegal plant illegal. That is the job of our legislators. There are too many illegal plants for our law enforcement officials to keep up with. There should be no repercussions in this case. Arrest does not imply guilt. Has not anyone ever heard that you are innocent until proven guilty? Police arrest people and then it is out of their hands. Then the courts sort out the issues. That is the job of the judiciary branch of government. If you are innocent you have nothing to worry about. Even the president of the US, the executive, benefits from the court system. He can issue any executive order he pleases and if there is some legal issue with it, some judge will ban the order. The power of an ant colony regardless of the danger of the ant lies not with the worker ant but the queen. Judges and courts are like the queen. The police are akin to the worker ant.

  24. #21
    Quote Originally Posted by donnay View Post
    This guy must have flunked that part of the program. Well, lets hope the elderly people have a great attorney to sue the heck out of this police department.

    The insurance agent should be severely admonished and never allow to work in the insurance field again. Nationwide should be cringing in their towers. I really loathe this snitch mentality. I would never use Nationwide now.
    I am pretty sure everyone here knows about my total disdain for insurance companies. I help people file storm claims for their homes and I can tell you Nationwide is not on your side. At the very least an adjuster should be taught to mind the business they came out to do. I tell people the best homeowners policies are put out by USAA Travlers, Kemper, and Metlife. I also tell people to go ahead and pay a little extra to have a lower deductible a few hundred extra dollars could save a person thousands in the event that you need to make a claim. To those who have nationwide right now I would say now is a good time to make a claim on a home owners policy for a new roof. Let me know if you need help.

  25. #22
    Quote Originally Posted by Working Poor View Post
    I am pretty sure everyone here knows about my total disdain for insurance companies. I help people file storm claims for their homes and I can tell you Nationwide is not on your side. At the very least an adjuster should be taught to mind the business they came out to do. I tell people the best homeowners policies are put out by USAA Travlers, Kemper, and Metlife. I also tell people to go ahead and pay a little extra to have a lower deductible a few hundred extra dollars could save a person thousands in the event that you need to make a claim. To those who have nationwide right now I would say now is a good time to make a claim on a home owners policy for a new roof. Let me know if you need help.
    Good to know.

    XNN
    "They sell us the president the same way they sell us our clothes and our cars. They sell us every thing from youth to religion the same time they sell us our wars. I want to know who the men in the shadows are. I want to hear somebody asking them why. They can be counted on to tell us who our enemies are but theyre never the ones to fight or to die." - Jackson Browne Lives In The Balance

  26. #23
    Years ago in Connecticut we had a tornado go thru our neighborhood. Several of the neighbors extremely large trees, more than 3 feet in diameter fell into my yard. My landscape was destroyed and my yard was full of the neighbors trees. I was told that what fell in my yard was my problem. The only time the neighbor would be responsible for their tree or trees falling in my yard would be if I had informed them in writing that the tree posed an actual hazard and the neighbor failed to rectify the hazard. To clarify, if the tree was dead. A homeowner in this state has the right to trim a neighbors tree straight vertical up the property line. I would assume that if a tree was diseased and or dead and a homeowner took a measure to trim the neighbors tree straight up vertical and can verify that they informed the owner of the tree that the tree posed a hazard and then the remaining tree fell on their property, they could have a claim.

  27. #24
    Quote Originally Posted by XNavyNuke View Post
    Good to know.

    XNN
    USAA is exclusively for the military and ex-military and bar none is the best insurance if you qualify. They cost a little more but you get the best coverage.



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  29. #25
    Quote Originally Posted by Schifference View Post
    Years ago in Connecticut we had a tornado go thru our neighborhood. Several of the neighbors extremely large trees, more than 3 feet in diameter fell into my yard. My landscape was destroyed and my yard was full of the neighbors trees. I was told that what fell in my yard was my problem. The only time the neighbor would be responsible for their tree or trees falling in my yard would be if I had informed them in writing that the tree posed an actual hazard and the neighbor failed to rectify the hazard. To clarify, if the tree was dead. A homeowner in this state has the right to trim a neighbors tree straight vertical up the property line. I would assume that if a tree was diseased and or dead and a homeowner took a measure to trim the neighbors tree straight up vertical and can verify that they informed the owner of the tree that the tree posed a hazard and then the remaining tree fell on their property, they could have a claim.
    "Acts of God" must be covered by law. . Insurance has federal regulations and state regulation "acts of God" are federal regulation.

  30. #26
    Quote Originally Posted by Working Poor View Post
    "Acts of God" must be covered by law. . Insurance has federal regulations and state regulation "acts of God" are federal regulation.
    You seem to know what you are talking about! I was simply on the receiving end. Bottom line is that I had a higher deductible and even if it was covered by "Acts of God" under federal regulations, the insurance company would not have had to pay out very much after I paid the deductible. All I know is that insurance sucks. If it were not for liability from sue happy people I would not have it. My brother in law has a best friend who's job it is to find ways to deny claims. Consumers get the shaft all the time and that is not isolated to insurance. Make a purchase using your credit card and your card is charged instantly. Request a refund and often times you are told it takes 3-4 weeks to process your refund after they receive your return.

  31. #27
    Quote Originally Posted by Working Poor View Post
    I am pretty sure everyone here knows about my total disdain for insurance companies. I help people file storm claims for their homes and I can tell you Nationwide is not on your side. At the very least an adjuster should be taught to mind the business they came out to do. I tell people the best homeowners policies are put out by USAA Travlers, Kemper, and Metlife. I also tell people to go ahead and pay a little extra to have a lower deductible a few hundred extra dollars could save a person thousands in the event that you need to make a claim. To those who have nationwide right now I would say now is a good time to make a claim on a home owners policy for a new roof. Let me know if you need help.

    Thanks for the info. I think we should all boycott Nationwide and make sure to tell them about this story helping to making our mind up about how their company practices are inexcusable.
    “The spirits of darkness are now among us. We have to be on guard so that we may realize what is happening when we encounter them and gain a real idea of where they are to be found. The most dangerous thing you can do in the immediate future will be to give yourself up unconsciously to the influences which are definitely present.” ~ Rudolf Steiner

  32. #28
    Quote Originally Posted by Working Poor View Post
    "Acts of God" must be covered by law. . Insurance has federal regulations and state regulation "acts of God" are federal regulation.
    The more I think about it, I would almost bet that my insurance would not cover a tree falling on my property. Maybe I would be required to sue the neighbor and his insurance might be the one to pay. This was a long time ago so I don't know if I remember every detail or if things have changed. I also remember them saying something about not covering landscaping or trees or at least the loss of the aforementioned. However if a tree hit your house they would pay for the damage to your house or other personal property.

    Okay I have another question. Suppose your vehicle is in a hailstorm and you have full coverage, the vehicle would be covered under your comprehensive. What about if you park under a walnut tree and find dents all over your vehicle? If you put in a comprehensive claim do your rates go up?

  33. #29
    Quote Originally Posted by donnay View Post
    Thanks for the info. I think we should all boycott Nationwide and make sure to tell them about this story helping to making our mind up about how their company practices are inexcusable.
    I have had a lot of fun slamming Nationwide this week. I can't believe an adjuster would do this kind of thing. It just goes way beyond the boundaries of what they should be doing. I hope this teaches people about minding their own business.
    If he had just done the job he was supposed to do this would not have happened.

  34. #30
    Quote Originally Posted by Schifference View Post
    The more I think about it, I would almost bet that my insurance would not cover a tree falling on my property. Maybe I would be required to sue the neighbor and his insurance might be the one to pay. This was a long time ago so I don't know if I remember every detail or if things have changed. I also remember them saying something about not covering landscaping or trees or at least the loss of the aforementioned. However if a tree hit your house they would pay for the damage to your house or other personal property.

    Okay I have another question. Suppose your vehicle is in a hailstorm and you have full coverage, the vehicle would be covered under your comprehensive. What about if you park under a walnut tree and find dents all over your vehicle? If you put in a comprehensive claim do your rates go up?
    It might get bought. If a walnut hit your wind shield and cracked it would cover that for sure.
    I don't think they have to pay for a tree but if it damaged the house they should have to pay. In the case of someone elses tree hitting your house the neighbor's insurance should cover it but in your state they may make the lossee's insurance company pay. I do know of companies making you put an extra rider on the policy in the case of trees being too close to the home.

    Obviously, Nationwide will do practically anything to worm out of a claim including calling the cops with a false accusation



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