Homeowner Kim Upton appeals to Nevada council over pine tree insurance claim

The Nevada City Council convened on July 14, 2025, to address various community issues, including a significant discussion regarding a tree claim presented by resident Kim Upton. The meeting focused on Upton's appeal for reconsideration of a decision made by the Iowa Communities Assurance Pool (ICAP) concerning the removal of a large pine tree on her property.

Upton, a property owner at 916 H Avenue, recounted the events leading to her claim. In 2024, street replacement work in her neighborhood required digging that exposed a large tap root from the pine tree located in the right of way. Upton stated that she was unaware of the root's removal, which was deemed necessary by the contractors involved in the street work. Following a windstorm in the spring of 2025, the tree fell onto her house, causing damage that required repairs costing $2,800.

Despite submitting her repair bill to the city, Upton's claim was denied by ICAP, which cited the city's immunity regarding trees in the right of way. Upton expressed her frustration, stating that she had no responsibility for the situation and that all parties involved, including the contractors, were unwilling to accept liability. She appealed to the council for assistance, emphasizing the unique circumstances surrounding her case.

During the discussion, council members inquired about Upton's communications with the contractors, to which she confirmed that they also denied liability. Upton argued that her expenses for the tree removal and repairs were reasonable given the circumstances and urged the council to reconsider the denial of her claim.

The council did not reach a decision during this meeting but acknowledged Upton's concerns and the complexities of the situation. The discussion highlighted the challenges residents face when dealing with municipal liabilities and insurance claims, particularly in cases involving property damage from city-related activities. Further deliberation on Upton's appeal is expected in future council meetings.