Displaying posts tagged with

“Barfield Law Group”

Jun
25
2010
Finding Sinkholes, Insurance Policies and Coverage Issues By Morgan Barfield | No comments yet

Insurance Company Sinkhole Testing

The Statute simply requires the insurance expert to perform what ever testing is sufficient in their professional opinion. This is again a very subjective definition which is a point of contention in many of these cases. You have to remember that it is the insurance company’s burden to rule out sinkhole activity at the property so, what does constitute sufficient testing necessary to rule sinkhole activity?

Jun
7
2010
Finding Sinkholes, Repairing Sinkholes By Morgan Barfield | No comments yet

How Rainfall Can Effect Sinkholes

Because the energy behind sinkholes is water, the rise and fall of the water table often causes additional activity. As the water washes over limestone, it increases the dissolution of the rock and continues to move soil away from the location. By so doing, the limestone is more like to sink or move. During seasonal changes, the action of water then causes more of settlement.

May
28
2010
Insurance Policies and Coverage Issues, Sinkholes in the News By Morgan Barfield | No comments yet

Bells and Whistles Might Be What Saves This Dunedin Family

This is a classic “cover collapse” sinkhole, where there has been a dramatic drop in the ground and a huge hole opens up. I would expect an insurance company got some bad news today. However, we have seen situations where even though such a hole opens up, and there is damage to the home, the insurance company denies the claim. Let’s hope cooler, wiser heads prevail, and these insureds get their coverage.

May
27
2010
Finding Sinkholes, Insurance Policies and Coverage Issues By Morgan Barfield | No comments yet

The Cost of Sinkhole Investigations

As long as there is a “good faith” basis for filing a claim, you cannot be held responsible for the costs associated with your claim. Under Florida law, Section 627.707(7), there could be liability if the investigation was filed without a sufficient reason to have done so. The home insurance company bears the burden of proof in showing that property damage did not result from the presence of sinkholes.

May
25
2010
Insurance Policies and Coverage Issues By Morgan Barfield | No comments yet

How Much Personal Info Does My Insurance Need?

Assure the insurance company that you intend to comply with all reasonable requests, but that you are uncomfortable with what they are seeking. By doing so, you can document your continued cooperation of the claim. This is important because insurance companies can use any “alleged failure” to provide information as a separate defense of their failure to cooperate. Keep copies of the letters in your own file, so you can produce these if litigation breaks out.

May
24
2010
Finding Sinkholes By Morgan Barfield | No comments yet

What is the difference between a “paleosink” and a sinkhole?

The most common presentation of this issue is when the insured is told that “sinkhole activity can be excluded, but that conditions of paleosink or ‘karst environment’ have been found.” Sometimes the reports will state whether or not the property is in a “state of reactivation.” Sometimes, rather than call these paleosinks, you will see them referred to as “relic sinkholes,” which is a lot easier to understand. The idea here is that the property was built on a lot where a sinkhole condition had existed some time ago, some times even tens or hundreds of thousands of years ago.

May
18
2010
Insurance Policies and Coverage Issues, Repairing Sinkholes By Morgan Barfield | No comments yet

Tips Dealing with Insurance Companies on Sinkhole Repairs

Next suggestion: always raise your concerns with the insurance company in writing, both to your claims adjuster and your insurance agent. Many times, insurance claim representatives have a difficult time separating what is a “problem” versus what is just common frustrations of an insured. If you submit your concerns in writing, and tell them exactly what you want them to do, it makes it clear you have defined your expectations. That way, you will both know if the issue has been resolved.

May
17
2010
Finding Sinkholes, Sinkholes in the News By Morgan Barfield | No comments yet

Sinkhole Tragedy Strikes Canada

After reading this, I called a geologist who I know has done a lot of work throughout North America. His comment about Canada is that it has much of the same overall geology as we find in areas in the United States where sinkholes are present. You are going to look for shallow limestone and a rising and falling water table.

May
14
2010
Finding Sinkholes, Repairing Sinkholes By Morgan Barfield | No comments yet

Sinkhole Testing On Condos and Apartment Buildings

The larger the building or lot, the more testing is required. If you have a condominium complex where a sinkhole investigation is being completed, the investigation should relate in some way to the size of the building. Ordinarily, most engineering firms will conduct 3 standard penetration tests on a standard home site. Using this as a baseline, while not an exact comparison, I would expect a larger condo property to have considerably more borings on the property.

May
13
2010
Insurance Policies and Coverage Issues By Morgan Barfield | No comments yet

Planning is Key with Sinkholes and Hurricanes

Many of our sinkhole clients ask us about how to prepare for hurricane season, either because they have open sinkhole claims or just because they know hurricanes are something we should all know about during this season. Under the category of good insurance practices as property owners, I thought it appropriate to mention some good habits people should get into in Florida with the upcoming hurricane season. First, I would urge people to prepare a written plan in the event of a storm.

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