My client noticed cracking around the exterior of then garage, and then in her living room.  She was concerned that this may be a sinkhole so she contacted her homeowners insurer.  The homeowners insurance company retained an engineering firm (which I have seen on hundreds of sinkhole claims) and not surprisingly, the engineering firm declared that there was no sinkhole activity.
Continue Reading Sinkhole Lawsuit Filed Against Homeowner’s Insurer

Gainesville Florida was hit with a major hail storm on March 14, 2012.  The hail storm damaged thousands of roofs.  This type of damage is covered by homeowners insurance policies.  And, homeowners insurers cannot take deductions based on the age of the roofs; and generally can’t pay for partial roof repairs.
Continue Reading Another Lawsuit Filed Arising Out of Gainesville Hail Storm

Just today, the 4th DCA ruled in Kramer v. State Farm Florida Insurance Company, ____ So.3d ____ (Fla. 4th DCA 2012), where an insured homeowner gave late notice and proof of loss concerning a wind damage claim.

Ultimately, the insurance company in this case won on summary judgment.  But, the important part of this case

In Pena v. Citizens Property Insurance Co., ____ So.3d ____ (Fla. 2nd DCA June 6, 2012), Citizens confirmed the existence of a sinkhole, and that the insureds’ home was damaged by sinkhole activity.  Geotechnical Engineers retained by Citizens recommended a subsurface remediation plan.
Continue Reading Second DCA Rules Homeowners Must Enter Contract for Subsurface Repairs in Confirmed Sinkhole Cases

In two recent decisions rendered on June 29, 2012 and on July 11, 2012, the Second DCA held that Florida Statute Section 627.7074 – the Sinkhole Neutral Evaluation Statute – was constitutional.  The two cases are entitled State Farm Florida Insurance Company v. Buitrago, ____ So.3d ____ (Fla. 2nd DCA 2012) and Sunshine State Insurance Company v. Benjamin, ____ So.3d ____ (Fla. 2nd DCA 2012).
Continue Reading Neutral Evaluation Statue Found Constitutional

Our client’s home was severely damaged because of the vibrations and underground shock waves caused by nearby bridge construction.  This type of damage is often covered by your homeowners insurance.  This is true even if the insurance policy has an exclusion for “earth movement.”  (Those exclusions typically only exclude naturally occurring earth movement, not man-made

We recently filed a lawsuit against American Traditions Insurance Company on behalf of our client.  Our client is a homeowner who sustained wind damage to her roof and interior water damage during the March 30/31, 2011 unnamed storms.  The homeowners insurance company only paid for in the interior damage and claimed that the roof was

My client recently noticed cracking in the walls and foundation of his home.  He asked his homeowners insurance company to inspect for possible sinkhole activity affecting his home.  The homeowners insurer retained an engineer and a geologist to inspect the home and perform sinkhole testing.  The insurance company’s engineer and geologist concluded that there was