Sinkholes and Insurance in Florida

Florida’s humid climate and swampy terrain as well as the state teeming with underground caves, porous rock layers and large bodies of water are but some of the elements responsible for sinkholes. These circumstances should be a critical concern to homeowners in this state. Therefore, every homeowner in Florida should understand exactly what sinkholes are, the dangers posed by them, and what to do if a sinkhole damages a home or property.

Sinkholes usually happen when water comes into contact with minerals and rock under the surface layer of the ground and causes cavities to appear in the form of a depression or hole above ground. Sinkholes most commonly appear in places where there are substantial amounts of water and therefore are much more common in this state than in many other locations in the nation.

In 2011, Florida legislators believed that too many sinkhole damage claims were being made over minor issues. In response, a law was passed that restricted the ability of homeowners to recover compensation for minor to moderate sinkhole damage. Under the 2011 law, property owners could only recover for sinkhole damage in cases where the effects of the damages were catastrophic. Unfortunately, this piece of legislation proved to be far too restrictive. While homeowners could recover for major sinkhole damage, such as a house being totally destroyed, recovering for a cracked floor or wall became extremely difficult. Many homeowners were being denied the ability to recover for moderate foundation damage. Subsequent legislation in 2016 sought to remedy the problems created by the 2011 sinkhole insurance reforms.

The risk posed by sinkhole conditions had prompted the Florida Legislature to enact legislation making sinkhole coverage mandatory (i.e., Florida Statute 627.706). Under Florida law, any property insurance provider operating in Florida must provide the option of catastrophic ground cover collapse coverage. Catastrophic ground cover collapse is defined in the statute as geological activity that causes a sudden collapse of the ground, an obvious depression, some kind of structural damage to a covered building and a government agency condemning the insured damaged home accordingly.

Florida Statutes require authorized insurers to cover catastrophic ground cover collapse, but damage, outside a catastrophic ground cover collapse, caused by a sinkhole may not be covered by the policy if it does not specifically include sinkhole coverage.

Although Florida insurers are required to provide homeowners insurance policies that provide protection from “catastrophic ground cover collapse”, that doesn’t mean the standard homeowners insurance policy will cover any instance of sinkholes.

Florida provides policy add-ons which can protect property from sinkhole damage.

Adding to or ensuring sinkhole insurance coverage is in their homeowners policy can aid a Floridian protect their personal belongings and financial future. Sinkhole insurance provides coverage for the structure of one’s home and any personal belongings damaged by a sinkhole.

While phrased slightly different, there is no geological difference between catastrophic ground cover collapse and a sinkhole. However, many insurance claims that are filed for coverage of sinkholes are denied due largely in part to the wording of this specific statute. This is one of the reasons why claimants or injured parties should obtain experienced legal assistance as soon as possible after the subject incident (i.e., a sinkhole on their property).

A sinkhole can unexpectedly lead to the loss of property including a person’s possessions and the house or building or structure itself. This situation can be an incredibly stressful and overwhelming ordeal, and it is understandable if the first thought is to attempt to make the situation conclude rapidly by proceeding on their own. However, if a Florida resident or property owner is the victim of sinkhole damage, it is imperative that they not attempt to file an insurance claim without competent legal counsel. The denial of their claim would only cause an additional headache, and it is recommended to initiate the claim with the best potential of obtaining fair compensation. Consequently, for many Florida residents and property owners that includes hiring an experienced attorney. 

The foregoing is merely a general and brief overview of sinkholes and insurance in Florida.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.