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The entirety of peninsular Florida is underlain by relatively young limestone bedrock and overlain by sands that easily ravel into voids and cavities within the limestone. Surficial expressions of karstic activity are immediately evident in its thousands of circular lakes, wetlands, and cypress heads. Additionally, Florida has had literally tens of thousands of subsidence-related insurance claims over the past two decades, far surpassing the entire history of property insurance before that. The peak came around 2011, the year that new legislation made it much harder for a homeowner to prove a claim. The issue was essentially ‘what is the definition of structural damage?’ as defined by Florida Statute related to property insurance and specifically sinkhole coverage. Prior to 2011, a clear definition of structural damage did not exist, consequently the attorneys maintained that the plain definition (structural damage is damage to a structure) held, in spite of many geotechnical and structural reports that defined structural damage as an engineer would deem – loss of load carrying capacity. Consequently, cosmetic damage that was not remotely “structural” was considered damage by the courts, and legal cases blossomed out of control. In 2011, Florida Statutes redefined “structural damage” using five separate criteria. These criteria include, for example “interior floor displacement or deflection in excess of acceptable variances as defined in ACI 117-90 or the Florida Building Code, which results in settlement-related damage to the interior such that the interior building structure or members become unfit for service or represents a safety hazard as defined within the Florida Building Code...”. Other criteria have to do with foundation displacement; leaning or listing of the building; or ground movement that results in portions or all of the building likely to imminently collapse. Of course, there are additional criteria and exceptions. Overall, these statutory changes have resulted in significantly fewer sinkhole claims, in spite of the occasional sinkhole that enraptures the news media (for example, the March 2013 death of Mr. Jeffrey Bush as a result of sinkhole collapse below his bedroom). So while all property insurance companies in Florida still cover “catastrophic ground cover collapse” for all homes, there are far fewer of these claims to deal with as the law has become more sophisticated. Introduction Florida property insurance is more dynamic than most markets. Most property insurance claims are about fire or water damage, but Florida’s property insurance also has to cover hurricanes, which provide significant damage and repair costs. Additionally, a large portion of Florida is underlain by limestone that is relatively near the surface (with 30 meters) and subject to karst activity. The proximity to the surface, the relative thickness of sand versus clay overlying the limestone, the downward gradient of surface waters to the aquifer, and the propensity for dissolution increases sinkhole occurrence. Because of this sinkhole activity, land improvements such as homes and other buildings located in karst regions had been damaged such that sinkhole insurance was added to the list of perils that were required to be covered by property insurance, under Florida law. The author is unsure when the property insurance requirement was initiated, but it was decades ago. Initially, there was no distinction among various types of damage, and prior to 2007 all sinkhole insurance was comprehensive. In 2004, a “Sinkhole Summit” occurred among the geologist community to convene experts in the field of Florida geology. Of the 26 participants, 13 were PhD geologists. The result of this meeting was the 2005 Special Publication 57 from the Florida Geological Survey, in which a consistent and rather comprehensive methodology was set forth to investigate sinkhole insurance claims this included SPT borings, hand auger borings, test pits to expose the foundation, GPR and electrical resistivity surveys, as well as floor elevation surveys and photodocumentation. These were generally incorporated into changes to the Florida Statutes in 2007 regarding sinkhole insurance. Regulations were again clarified in 2011 to present day law. Here are some of the main parts of the law: The current mandate for property insurance companies is the following: “Every insurer authorized to transact property insurance in this state must provide coverage for a catastrophic ground cover collapse.” (CGCC) Larry D. Madrid PE, D.GE, F.ASCE, President , Madrid Engineering Group, Inc., Bartow Florida

Litigation and the Complexities of Sinkhole Insurance Claims in Florida