Should you HAVE to fix your house?

Thursday, July 29th, 2010
Should you HAVE to fix your house?

I recently read an article regarding a large cover collapse sinkhole that opened in Hudson, Florida, where sinkholes are common.  The issue presented in this article, as well as chanted by opponents to standard sinkhole insurance coverage is that the claims are  “bogus” because the insureds are electing not to repair their homes.  Because, some claim, the damage is not severe, the argument goes that insurance companies should not bear the costs of “cashing out” homes unless the insurance company can force the insured to actually repair the dwelling.

I disagree.  Yes, there are homes where there is confirmed sinkhole activity and the damage could be left alone, without the need for expensive, complicated sinkhole repairs.  I say “so what.”  When you buy property insurance coverage, you buy a product to protect you, not the home.  If this home burns down, you know you have money coming for the loss of the house.  No one, I suggest, would demand that someone reconstruct their house after a fire, and attempt to withhold the insurance payments to the homeowners.  As such, why should sinkhole damaged homes be any different?

It’s your home.  It’s your money.  In many situations, repairing sinkhole houses makes no sense.  The insurance company charged you a product, which, as a result of your loss, is paid to you.  Now, your house is worth considerably less as it has a sinkhole beneath it.  The mere fact that some homeowners are deciding, for themselves, what is best for their family does not make the claim a scam, especially when the engineering firm retained by the insurance company is the company that found the sinkhole activity.

If there are scams, it is where unqualified experts, or qualified experts who use their position in an inappropriate manner to create sinkholes where there are none.  If these licensed professionals need to be put on a pyre, then I say do it.  But, if an insurance company responds to a claim, and the insured has a sinkhole by their own admission, I hardly see where this is something where we need to find legislative solutions  to limit homeowners access to their insurance coverage.

If you have a situation requiring legal representation for a sinkhole damage claim, contact Corless Zinober FL personal injury lawyers at 866-969-2889.

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