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WHAT ARE SINKHOLES?
While this web site deals with sinkholes in
general, most of the legal discussion is based on Florida law.
Basically, sinkholes are formed where the rock below the land
surface is limestone or other carbonate rock whose minerals are
naturally dissolved by water. As the rock dissolves, the ceiling of
the cavern becomes thinner as it decays. When the land above the
cavern becomes too heavy for the ceiling to support, the soil and
sub-surface above starts to ravel downward to it. A depression or
even a complete collapse of the land above can occur. Water flow
also forces more sub-surface particles downward.
Florida is the most vulnerable state for sinkhole development,
especially along the northwest Gulf Coast. In fact, the majority of
lakes in Florida are believed to have been caused by sinkhole
activity. Sinkholes are also common in Texas, Alabama, Missouri,
Kentucky, Tennessee, and Pennsylvania, although Florida Public
Adjusting specializes and works in the State of Florida only.
Florida Law requires insurance companies to offer coverage for
damage caused by sinkholes. Sinkhole coverage use to be mandated by
law. It was replaced by a worthless peril that the insurance
lobbyists called “catastrophic ground cover collapse” which does not
cover over 99% of sinkhole claims. Many consumers have been fooled
into thinking that the “catastrophic ground cover collapse” is
adequate protection against sinkholes. It is not and we strongly
advise people to pay extra for the real sinkhole coverage. A
“sinkhole loss” must have “actual physical damage to the property
covered arising out of or caused by sudden settlement or collapse of
the earth supporting such property only when such settlement or
collapse results from subterranean voids created by the action of
water on a limestone or similar rock formation.”
In other words, not all direct causes of collapses from settlement
problems fall within the sinkhole coverage. More about this is
discussed elsewhere on this web site, but suffice it for now, it can
be said the word “sudden” has been interpreted by Courts not to
require the damage to occur “overnight” and damage caused by
phenomenon that does not fall within the legal definition of
“sinkhole loss” may possibly be covered elsewhere in your policy,
depending upon the specific policy you have and the exact cause of
damage.
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