(e) 1. Where a loss covered by a sinkhole is examined by the insurer, the conduct of the insurer and the policyholder is subject to this paragraph (e), subject to the terms of the policy or endorsement. (c) Any insurer offering home insurance to homeowners in this state shall file an appropriate deposit with the Ministry to comply with this section. The insurer may provide coverage for losses due to sinkholes in the home insurance policy itself, by endorsement or by any other coverage the insurer may arrange, and the insurer may charge an additional fee for coverage. Our insurance company has informed us that the area where we will purchase a property is listed as a sinkhole area. What does that mean? What can we do about it? Should we buy in this area? I am buying a new house and I want to know if there is a law on the disclosure of sinkholes. However, the Eleventh Judicial District overturned this judgment. Consistent with its prior decisions and those of the Florida Supreme Court, it has concluded that the laws of the state in effect at the time of entering into the Agreement are an integral part of this Agreement and must be read in the Agreement as if the parties had expressly incorporated them by reference. The court agreed that there was an exception if the contract indicates a contrary intent. However, the Court found that the policy at issue in this case did not contain any alternative definition of “structural damage” and that there was no indication that the parties intended to confirm the statutory definitions. Under Florida law, the lack of an alternative definition meant that legal definitions filled the void.
The Court of Appeal also found that the application of the 2011 amendments to the Act did not constitute a change in insurance terms that would require written notice of a change in insurance terms pursuant to section 627.43141(2) of the Fla. Stat. to be effective. (3) To be entitled to payment for building stabilization, foundation repair or other losses to the affected building that exceed the actual present value of the damage caused by the sinkhole to the affected building, the insured shall repair the damage or loss in accordance with a repair plan approved by the insurer. Florida law (Act 627.7073(2)(c)) requires a seller of real estate to disclose to the buyer only that a sinkhole claim has been made against the property and that the claim has been paid by the insurer; You must also indicate whether the funds paid were used to remedy the insured claim. Statutes can be changed during annual legislatures, so it is always advisable to check the most recent statutes. See the question above on how to search for current statues with sinkholes. Most real estate seller disclosure forms used in Florida today include a sinkhole disclosure statement that covers sinkholes and earth movements in general. Sometimes it is overlooked. If that`s in question, be sure to ask. I was denied home insurance because there is a hole less than half a mile from my house. What can I do? A chasm opened in my neighbor`s yard.
Should I be worried? The District Court agreed with the plaintiffs` arguments, holding that “structural damage to the building” meant “damage to the structure” and that the legal definitions in force at the time of the policy publication were applicable only if they were expressly incorporated by reference. In a footnote, the court also adopted the plaintiffs` argument, advised: “Liberty Mutual`s motion does not ignore Florida`s basic insurance law that an insurer may provide more coverage than is required by law.” In that footnote, the court seemed to state: In general, no permit is required to fill a new chasm. Sinkholes in wetlands or sinkholes whose replenishment would alter surface water flows or contribute to water pollution may require an Environmental Resource Permit (ERAP) prior to replenishment. This permit application is usually submitted to your Florida Water Management District or the respective district offices of the Florida Department of Environmental Protection. District staff will assist in assessing the need for a permit. If a sinkhole forms in a structure that required an ERP for its construction, such as a rainwater basin, the owner is required to report the sinkhole to the party issuing the permit in accordance with the conditions of the permit. To know who to contact, please refer to the ERP approval. Since many sinkholes are direct pipes to our drinking water aquifers, careful selection of filler material is advised. Do not fill a sinkhole with garbage, chemicals or other materials that could contaminate groundwater. Natural earth materials such as clean limestone, sand and silty sand are suitable. Karst terrain is a type of topography formed by the dissolution of bedrock in the underlying areas of limestone and dolomite or, as in some states, gypsum and salt.
Such terrain has subterranean drainage systems that are reflected on the surface in the form of sinkholes, springs, endangered streams or caves. The term karst therefore refers to the terrain, and the term sinkhole is one of the types of drainage features found in this terrain. Other underground events can cause holes, depressions or subsidence of the earth`s surface that can mimic sinkhole activity. These include extensive clay or underground organic layers that compress when water is removed; decaying strains or organic debris; collapsed or broken sewer and drainage pipes or broken septic systems; poorly compacted soil after excavation; or decompose or compact waste and other buried or buried debris. In general, the reported depression is not confirmed by a licensed professional geologist as a true sinkhole, and the cause of the subsidence is not known. Such an event is called a subsidence event. The Florida Geological Survey maintains and provides a downloadable database of reported subsidence incidents throughout the state. Although this data may include real sinkholes, the majority of incidents have not been verified on site and the cause of subsidence is not verified. FGS personnel are always available to answer calls from the state alert point, which is part of the emergency management department. The State Warning Point acts as a clearinghouse for emergencies of all kinds, including sinkholes, throughout Florida. In addition, selected FGS personnel respond to various inquiries from the public, state and federal agencies, and consultants regarding the development or potential of sinkholes.
A hole in the ground just opened in the middle of my street. Who do I call? 2. The insurer may limit the total amount of its damages for damage to the covered building to the actual present value of the damage caused per hole in the covered building, excluding costs related to the stabilization of the building or the repair of the foundations, until the policyholder enters into a contract for the performance of the stabilization of the building or the repair of the foundations in accordance with the recommendations of the engineer hired or authorized by the insurer. Please note the previous question. Certainly, the availability of insurance is an important factor for most home buyers. Current Florida law requires insurance companies to offer catastrophic ground collapse coverage that insures in the event that a hole in the ground suddenly forms as a visible hole on the surface of the land under an insured structure and damages it based on the specific criteria of Florida Law 627,706. Insurance coverage for doline activities that do not form a visible hole on the surface of the land but result in damage to the insured structure is an option as an additional cost. Insurance companies may vary in their individual requirements, and you should look for the best insurance policy available to you. Unfortunately, there is no ready-made reference for predicting sinkholes or assessing risks.
This has made it difficult to accurately identify risks and has hindered the formulation of relevant legislation or industry standards. As a result, many insurance companies have relied heavily on regional maps, which show sinkhole occurrence areas based on local geology and historical sinkhole activity, or private sinkhole data. Any decision to buy a particular property is very individual and personal and should include not only the availability of insurance, but also your personal risk tolerance and desire to live in a particular area. The high content of limestone and other dissolved rocks in the soil in Florida causes its easy erosion and the formation of underground cavities. When the ceiling of these cavities collapses, they form the phenomenon known as the sinkhole, a problem common to many Florida homeowners. If these sinkholes open under existing buildings, they can cause major damage to foundations and structures, as well as legal problems. (f) Nothing in this paragraph (f) shall be construed as limiting the right of an insurer to cancel, renew or refuse to purchase home property insurance; However, an insurer may cancel, refuse or refuse to purchase home insurance for a structure that has been the subject of a claim for a sinkhole claim if the structure: Unfortunately, there is no complete reference to sinkhole forecasting or risk assessment.