What is an Insurance Claim Based on Building Collapse?

J.P. Gonzalez-Sirgo
Connect with me
Founder of J.P. Gonzalez-Sirgo, P.A.

When determining the extent of the coverage of your insurance policy, certain risks are typically categorized in a similar fashion within the insurance industry and your jurisdiction. In jurisdictions such as Florida your insurer may be required to provide coverage for certain perils. Florida Statute § 627.706 makes it a requirement for every insurer authorized to transact property to provide coverage for catastrophic ground collapse. Sometimes also referred to as collapse or building collapse coverage.

§ 627.706(2)(a) defines catastrophic ground collapse as follows:

(a) “Catastrophic ground cover collapse” means geological activity that results in all the following:

        1. The abrupt collapse of the ground cover;

        2. A depression in the ground cover clearly visible to the naked eye;

        3. Structural damage to the covered building, including the foundation; and

        4. The insured structure being condemned and ordered to be vacated by the governmental agency authorized by law to issue such an order for that structure.

Catastrophic ground collapse does not include the cracking of a foundation, structure, or building. This distinction is important because it is a common misconception that this is included under this type of coverage.

§627.706 also includes the definitions of language commonly used in property damage insurance policies and other conditions required to recover in the case of the collapse of your structure. Mitigation of damages is often a requirement to recover compensation under this coverage. Negligent repair and maintenance may lead to denial of your claim or a reduction in the amount of finances provided for the damages.

If you are disputing the denial of a claim based off an ambiguity in your policy, an experienced insurance claims attorney can help you recover your wrongly denied compensation. Contrary to popular belief, scenarios like this usually leads to recovery for the insured because the court construes ambiguous terms in favor of the insured to encourage the use of clear language in insurance policies. Kings Ridge Community Ass’n, Inc. v. Sagamore Ins. Co., 98 So.3d 74 (5th DCA 2012). 

You can reach Miami Insurance Claims Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at[email protected].

Sources:

- Florida Statute § 627.706

- Kings Ridge Community Ass’n, Inc. v. Sagamore Ins. Co., 98 So.3d 74 (5th DCA 2012).

 

Be the first to comment!
Post a Comment