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Are Kirby employees responsible for the damage caused by a tree on their property that hits their neighbor’s home or other insured structure, such as a garage or shed?
In most cases, the answer is “no.”
When such damage occurs to your neighbor’s home due to forces outside your control (e.g., weather events), your neighbors may have to file a claim with their insurer to receive a reimbursement for the damage a fallen down tree caused.
There is one exception, however.
If it is determined that the tree damage stems from your negligence (e.g., dead limbs that you refused to cut down, or you chose to trim your tree as a weekend project), then the neighbor’s insurer may come after you to recover their loss—a process called subrogation.¹
You may want to check your policy or speak to your insurance agent to ascertain if your homeowner's policy covers your liability in cases of negligence.
When Neighbors Sue
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Some neighbors may seek to bring legal action against you, though often that is unnecessary.
For those working at Kirby, determine what municipal laws are in place to cover such instances. Generally speaking, you are not responsible unless you knew, or should have known, about the danger. Proving what you knew or should have known can be difficult and costly in a court of law. It typically benefits both parties to arrive at a compromise that avoids an expensive legal process.
The information in this material is not intended as legal advice. Please consult legal or insurance professionals for specific information regarding your individual situation.
What is the purpose of Kirby's 401(k) Savings Plan?
The purpose of Kirby's 401(k) Savings Plan is to help employees save for retirement by allowing them to contribute a portion of their salary into a tax-advantaged account.
How can I enroll in Kirby's 401(k) Savings Plan?
You can enroll in Kirby's 401(k) Savings Plan by completing the enrollment form provided by the HR department or through the employee portal.
What types of contributions can I make to Kirby's 401(k) Savings Plan?
Employees can make pre-tax contributions, Roth (after-tax) contributions, and potentially catch-up contributions if they are age 50 or older in Kirby's 401(k) Savings Plan.
Does Kirby offer any matching contributions to the 401(k) Savings Plan?
Yes, Kirby offers a matching contribution to the 401(k) Savings Plan, which is designed to encourage employees to save for retirement.
What is the vesting schedule for Kirby's 401(k) matching contributions?
The vesting schedule for Kirby's 401(k) matching contributions typically follows a graded vesting schedule, where employees become fully vested after a certain number of years of service.
Can I change my contribution amount to Kirby's 401(k) Savings Plan?
Yes, employees can change their contribution amount to Kirby's 401(k) Savings Plan at any time by submitting a request through the employee portal.
What investment options are available in Kirby's 401(k) Savings Plan?
Kirby's 401(k) Savings Plan offers a variety of investment options, including mutual funds, target-date funds, and other investment vehicles to suit different risk tolerances.
How often can I make changes to my investments in Kirby's 401(k) Savings Plan?
Employees can typically make changes to their investment allocations in Kirby's 401(k) Savings Plan on a quarterly basis or as specified in the plan documents.
What happens to my 401(k) account if I leave Kirby?
If you leave Kirby, you have several options for your 401(k) account, including rolling it over to an IRA or another employer’s plan, cashing it out, or leaving it in the current plan if permitted.
Is there a loan option available in Kirby's 401(k) Savings Plan?
Yes, Kirby's 401(k) Savings Plan may offer a loan option, allowing employees to borrow against their account balance under certain conditions.