Even though the Florida "No-Fault" system requires automobile owners to carry PIP insurance for payment of 80% of medical expenses and 60% of wage losses, up to a combined limit of $10,000.00¹, it does not require them to carry bodily injury liability insurance to compensate for the losses and injuries of others. In order to protect the assets of your family and insure they are compensated for their losses and injuries, additional insurance protection is recommended.

For more peace of mind it is suggested Med Pay, bodily injury liability and Un/Underinsured motorist insurance coverages be purchased. Med Pay coverage will compensate for the 20% of medical expenses that are not covered by PIP insurance and can be used to pay all medical expenses, leaving all of the PIP coverage for wage losses. Bodily injury liability coverage will compensate others for their medical expenses and wage losses, not compensated by PIP and Med Pay coverage, and for intangible damages if any injuries suffered are permanent in nature². Un/Uninsured motorist coverage is designed to place its insureds in the same position as if the owner, or negligent driver, of an automobile carried bodily injury liability coverage with limits at least equal to the limits of the Un/Underinsured motorist coverage.

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¹A PIP deductible should not be accepted unless there is some other insurance coverage that will pay the medical expenses within that deductible.

²Although a permanent injury, within a reasonable degree of medical probability, is the most frequently met threshold for the recovery of intangible damages for pain and suffering, disability, disfigurement, loss of capacity for enjoyment of life and mental anguish, other thresholds include:  significant and permanent loss of an important bodily function; significant and permanent scarring or disfigurement; or death.

Homeowner’s Insurance Protection for Sinkhole Activity

Before you repair damage to your residence, particularly when you are not convinced the damage represents natural aging or typical wear and tear, consider asking your homeowner’s insurance company to determine whether your residence has been damaged by sinkhole activity.  Not only is a homeowner’s insurance company required to provide coverage for damage caused by sinkhole activity, it is also obligated to perform an investigation sufficient to rule out sinkhole activity.

Although sinkholes are often thought of as caverns, they may be seen as depressions or may be hidden from view below the surface.  Sinkhole activity involves the erosion of limestone by water and can be prompted by heavy rain or drought.  The absorption of rain can cause the roof of a subsurface cavity to collapse.  Similarly a lowering of the ground water level can remove support for that roof.

The ground subsidence caused by sinkhole activity can adversely affect the structural integrity and cosmetic appearance of a residence.  Symptoms of sinkhole activity may include stair-step or other cracking in exterior walls, cracking in walls around doors and windows, sticking doors or windows, separation of walls from floors and ceilings and tilting or uneven sections of a floor.

Not every investigation will uncover sinkhole activity.  Damage to a residence may result from earth movement not covered by a homeowner’s insurance policy.  It is not uncommon for a geotechnical investigation to conclude damage to a residence resulted from buried construction debris, decaying organics, clay that shrinks and swells or improper construction.

If a claim is denied, it is the burden of the homeowner to overcome the presumption of the correctness of the geotechnical report and to prove the residence is not being damaged by sinkhole activity.  Even if a sinkhole claim is accepted, there may remain questions concerning the correct method and scope of subsurface repair.  Whether compaction grouting will suffice or whether compaction grouting and underpinning will be required, represent common areas of dispute.

Keep an Eye on Your Financial Accounts

While it is easy to let financial statements stack up, it is never a good idea.  Not only can procrastination result in overdraft fees, it can result in more significant losses of hard earned money.  Take charge of your accounts.  It is easier to balance your statements while the information in them and your register is fresh.

If you need to know whether a particular deposit has cleared or a particular check has been posted, do not hesitate to obtain that information by telephone or on-line.  Make sure the checks and deposits listed on statements match those recorded in your register.  If any mistakes are discovered, report them immediately.  Financial institutions may not hesitate to disavow errors that are not reported within sixty (60) days¹ of any statement.

Keep a close eye on your accounts.  The time it takes to verify details can preserve your assets and your relationships with financial institutions.

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¹While sixty (60) days is not an uncommon period, check your account documents and statements for the particular notice period required by your financial institutions.

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Contact Information: Mark Shelton, P.A.1519 Dale Mabry Highway, Suite 100, Lutz, FL  33548-3033.  (813) 949-3681 or Toll Free (866) 912-4193 or Facsimile (813) 949-6216.  Send e-mail to Kathleen@MarkSheltonPA.com with questions or comments about this web site.  Or call (813) 949-3681 or Toll Free (866) 912-4193.
Last modified: 06/11/09