Search
 

Florida judge rules insured does not bear burden of proving sinkhole loss

Does the burden of proving that damage was caused by a sinkhole fall on the policyholder or the insurer?

By Caterina Pontoriero | Updated on January 08, 2015

A policyholder under an all-risk policy filed a claim for sinkhole damage to his home. Does the burden of proving that the damage was caused by a sinkhole fall on the policyholder or the insurer? A Florida court initially ruled that the burden falls on the insured, but that decision has since been overturned.

Alfredo Mejia’s Florida home was insured by Citizens Property Insurance Corporation when he filed a claim for damage caused by sinkhole activity. Mejia’s policy was an all-risk policy that excluded earth movement, settlement, and loss caused by a sinkhole — so he had paid an additional premium for a Sinkhole Loss Coverage Endorsement. That added sinkhole loss as a covered peril and stated that the earth movement and sinkhole exclusions did not apply.

Want to continue reading?
Become a Free
PropertyCasualty360 Digital Reader.

INCLUDED IN A DIGITAL MEMBERSHIP:

  • All PropertyCasualty360.com news coverage, best practices, and in-depth analysis.
  • Educational webcasts, resources from industry leaders, and informative newsletters.
  • Other award-winning websites including BenefitsPRO.com and ThinkAdvisor.com.

Already have an account?

NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Recommended Stories

Bank & Capital Markets Tax Institute (BTI) 2024Event

BTI provides leading tax professionals from financial institutions with unmatched tools and resources.

Get More Information
 

PropertyCasualty360

Join PropertyCasualty360

Don’t miss crucial news and insights you need to make informed decisions for your P&C insurance business. Join PropertyCasualty360.com now!

  • Unlimited access to PropertyCasualty360.com - your roadmap to thriving in a disrupted environment
  • Access to other award-winning ALM websites including BenefitsPRO.com, ThinkAdvisor.com and Law.com
  • Exclusive discounts on PropertyCasualty360, National Underwriter, Claims and ALM events

Already have an account? Sign In Now
Join PropertyCasualty360

Copyright © 2024 ALM Global, LLC. All Rights Reserved.