Florida Sinkhole Lawyer

Due to its geology, Florida has more sinkholes than any other state in the country.  Sinkholes form beneath the earth’s surface as groundwater passes through and dissolves the underlying limestone bedrock. Erosion then causes voids or large cavities in the bedrock, resulting in downward movement of the overlying soils, similar to sands running through an hourglass. When the soils supporting an overlying structure are weakened through this process, sinkhole damage, typically in the form of cracking, can occur. 

Sinkholes are not always big, open holes or depressions visible at the ground surface. That is only one type of sinkhole, known as a catastrophic ground cover collapse.  Damage caused by this type of sinkhole is always covered by your homeowner’s insurance policy. 

Much more common in Florida, however, are what are known as subsidence sinkholes. These typically cannot be seen with the naked eye. They result in a weakening of the soil stability under the foundation of your home, which ultimately results in your house beginning to crack. 

Depending on the terms and coverages in your policy, damage from this type of sinkhole may be covered, typically through an endorsement titled: Sinkhole Loss Coverage Endorsement. If your policy contains this endorsement, coverage should be provided if: (1) your home has sustained “structural damage” (which is defined in the policy); and (2) sinkhole activity caused the damage.

An investigation into a sinkhole insurance claim typically begins with the insurer’s engineering experts performing a damage assessment to determine if the cracking and other damage to the home constitutes “structural damage” as defined by the policy.  If the insurance company’s experts determine that the damage is not significant enough to constitute “structural damage,” the insurer will likely deny the claim without even determining if sinkhole activity is present at your property.

Structural Damage Caused By A Sinkhole

If “structural damage” is present, the next step typically involves the insurer’s geology experts performing deep soil testing to determine if sinkhole activity is present under the home and causing the damage.  If sinkhole activity is present, the claim should be covered.  If it is not, the insurer will deny the claim even if “structural damage” is present.

It is important to understand that insurance companies have entire teams of experts that are prepared to say that your damage is not covered by the policy or to minimize the amount that is owed. You cannot take the insurance company’s expert report at face value.  Simply put, these reports are often flat-out wrong.

You should consult with a qualified sinkhole insurance claim attorney if your claim has been denied for any reason, or if you believe the insurer is not paying the full amount necessary to properly stabilize and repair your home in the event of a sinkhole loss.  The most common reasons that an insurer may deny a claim is if the insurer-friendly experts hired by your insurance company determine that the home has not sustained “structural damage,” or that the damage was not caused by sinkhole activity.

Our attorneys work closely with qualified engineering and geology experts to perform independent testing and evaluation to determine whether your home has sustained a sinkhole loss, even if your claim was previously denied.  Our firm advances the cost of this testing.  It is very common for these experts to disagree with the findings and opinions of the insurance company’s experts.