Tag Archives: Sinkhole

Florida’s Current Sinkhole Laws Fail in Logic and Practicality – Will the National Spotlight Help Make a Change?

Last week, I discussed the tragic sinkhole that took a man’s life in Seffner, Florida. Since my last post, another sinkhole manifested itself less than two miles from where Jeff Bush lost his life. A few days later, Mark Mihal, a mortgage broker from the St. Louis suburb of Creve Coeur, had a sinkhole collapse … Continue Reading

Florida’s Sinkhole Crisis Continues to Gain National Attention; Is Florida Doing Everything Necessary to Protect Residents?

It is has been exactly one week since the tragic sinkhole event that took a man’s life on February 28, 2013. The national spotlight again shines on Florida’s sinkhole crisis. I want to first send my condolences to the victim’s family. I hope his family finds peace and much needed support. After a tragedy like … Continue Reading

Insurance Companies Beware: Refusing to Pay Sinkhole Claims May Lead to Bad Faith Damages

Last week I discussed a trial court order issued in Hernando County, Florida, requiring State Farm to tender the money awarded to its insured through the appraisal process for a sinkhole claim. This week, I want to make policyholders aware that a carrier’s refusal to pay the appraisal award may lead to bad faith damages.… Continue Reading

Big Win for Policyholders: Carriers Must Immediately Pay for Subsurface Repairs Included in Appraisal Awards

Many insurance policies contain an appraisal provision. If you read our blog on a regular basis, you understand that either party may demand appraisal when a dispute over the amount of loss exists. Since the Florida Legislature enacted the neutral evaluation process found in Florida Statute 627.7074, most policies replace the appraisal provision with neutral … Continue Reading

Sinkholes Found: New Confirmed Sinkhole Database

An unlikely source has just launched a new comprehensive database of confirmed sinkholes and subsidence events in Florida. This new research tool was created by FloodInsights, a national provider of flood-zone determinations for real estate. This Florida sinkhole report service shows the locations of more than 15,000 sinkholes and subsidence events across the state.… Continue Reading

Differing Perspectives on Citizens Rate Increases

I wanted to make sure you saw a feature published this week by the Sunshine State News. The piece is called the Soapbox, and it bills itself as a lively debate among political opinion leaders across the state. This week, the topic of discussion was Citizens rates, and I was asked to participate along side … Continue Reading

Bad Faith Claim Survives Carrier’s Motion to Dismiss

Insurers and their policyholders are more frequently clashing over sinkhole claims, and the Florida Legislature seems to be weighing in on the insurers’ side. In this case, the policyholder won; his insurer paid the policy limits after a Civil Remedy Notice, and his claim for damages caused by the insurer’s lack of good faith in … Continue Reading

Trying to Change the Past: Are the New Sinkhole Laws Retroactive?

Many, if not all, policyholders’ advocates are aware of the recent legislative changes to Florida’s sinkhole statutes. One of our greatest concerns is the definitional change of the term “structural damage” and whether this change can be applied retroactively. Chip Merlin’s July 7, 2011, post highlighted a recent circuit court’s decision finding the new law’s … Continue Reading

With Florida Sinkhole Rate Hikes Looming, Policyholders Stand Up in Number

I wanted to take a moment to thank all who participated in the movement against Citizens’ proposed rate hikes.  All of your hard work advocating on behalf of policyholders across the state truly made a difference. Thanks to you, Floridians were saved from one of the largest insurance rate hikes this state has ever seen. You should … Continue Reading

Florida’s New Insurance Consumer Advocate Weighs In on Sinkhole Rates

Florida’s new Insurance Consumer Advocate, Robin Smith Westcott, emailed a press release to the media highlighting her attendance at our Policyholders of Florida rally in Tampa, where we protested Citizens’ massive proposed sinkhole coverage rate hikes. After this rally, when Westcott heard firsthand from policyholders, she accepted our argument that 2000% rate hikes just don’t … Continue Reading

Insurance Agent Association Executive Director Asks for Fair and Balanced

Scott Johnson, Executive Director of the Florida Association of Insurance Agents, has called me out for allegedly being on the wrong side of an insurance issue. In his post, CITIZENS SINKHOLES…Yet Another Look!, he stated in part: And so I’ve made overtures to my friend Chip Merlin, the founder of the Florida Association of Public Insurance … Continue Reading

Where is the Old Jeff Atwater? Part II

On April 19, 2011, I wrote a blog asking Chief Financial Officer Jeff Atwater to take a stand on Senate Bill 408. Unfortunately, we didn’t hear much from CFO Atwater’s office during the debate on 408. In fact, the little we did hear appeared to be regurgitation of industry talking points about “fraud” and “cost … Continue Reading

Newspaper Questions Whether Politicians Favor the Insurance Industry Over Voters

The Bradenton Times recently reported that skyrocketing insurance rates may be the result of a cozy relationship between Florida’s legislators, governing officials and the insurance industry. In Which Citizens Are They Working For?, the article concluded: Frustrated consumers are baffled by skyrocketing costs across so-called regulated industries that continue to grossly outpace flat wages and … Continue Reading
LexBlog