Pre-Existing And Prior Damages

Generally speaking, damage to a home that was in existence at or before an insurance policy takes effect is known as pre-existing damage, and it is generally excluded from insurance coverage. Insurance is designed to cover unexpected losses and damage - it is not designed to cover known damages already in existence.

For instance, if a homeowner purchases a home, and at the time the home was purchased a window was broken, the homeowner could not later make an insurance claim for the broken window - the window was broken when the homeowner bought the home, and when the insurance coverage kicked in and became effective. The loss to the homeowner, e.g. the broken window, was already there and would not be an unexpected loss.

On the other hand, if a different window, which was not broken or in disrepair, was shattered after the homeowner bought the house and after insurance coverage had kicked in, the damage to that window may be covered because there was no prior damage and the future breaking of the window was unexpected.

Sinkhole Claims And Pre-Existing Condition

Sinkhole claims can be confusing when it comes to thinking about the concept of a pre-existing condition. Why? Because sinkholes can take millions of years to form, and were likely occurring below ground before a home was built, even perhaps before people existed. By its very nature of taking millions of years to form, a sinkhole would seem a pre-existing condition.

The distinction, however, is whether the known damage caused by the sinkhole was pre-existing, not whether the sinkhole previously existed. Florida insurance policies generally cover damage to structures caused by sinkhole activity. In other words, there must be a structure and the structure must sustain damage from the sinkhole. If a sinkhole opens up in a vacant field, there would likely be no claim for sinkhole damage because the sinkhole didn’t damage a structure - it was in an open field. Or if sinkhole activity is occurring below ground but has not caused any damage to a home or structure, likewise coverage would be unlikely.

Denial Based On Pre-Existing Condition

If your claim for sinkhole activity has been denied due to a pre-existing condition or because of prior damage to your home, it is important that you speak with an experienced attorney as soon as possible, like Attorney John Byrne at the Byrne Law Group. John Byrne has litigated and worked to resolve hundreds of sinkhole claims, including claims where the insurance company has refused to pay citing pre-existing damage.

Florida insurance law is very complex and complicated, and it is important to have an experienced attorney looking out for your best interests. Contact the Byrne Law Group today to discuss your options in depth and learn about your rights. Call 813-413-6565 right now for a FREE no cost, no obligation telephone consultation.