Public adjuster Keith Grams of Tutwiler & Associates was recently interviewed by WFLA and NBC News about sinkhole insurance repair issues. He offers further comments regarding concerns about the direction the insurance companies and legislature are taking.

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The catastrophic sinkhole that opened up in Dunedin, Florida has brought attention to limits of the new law that was passed in 2011 by the Florida Legislature. This law made it extremely difficult for homeowners to get proper coverage or alternatively pay a hefty price for a very limited sinkhole policy. Many of the changes are not good for property owners as the new law also negatively impacts the way insurance companies handle and pay for sinkhole claims when they arise.
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Q. We own a home that was built in 1964. Last Saturday our family room ceiling collapsed. There does not appear to be any moisture. The insurance company is telling us it’s normal wear and tear, the insulation was too heavy and thus the damage is not covered. There are no cracks in the ceiling, no sagging and our home is well maintained. Any thoughts on the cause? Our roof was replaced in May of 2010.
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Here’s a question I was asked to answer on the United Policyholders website: 
Q. My home was contaminated by sewer on May 7 and again on May 22 this year by a prime contractor hired by a state municipality MSD Metropolitan sewer District here in Asheville North Carolina. From what I understand, this is a third-party claim. The insurance company has done absolutely nothing to help me. I have been dealing with this for the last four months with pretty much no progress until this past week. They sent their first offer on Friday which is not close to reality. Is this considered a third-party claim? I have a copy of the pollution liability policy and it does not say anything about how it will replace my contents, actual cash value or replacement cost, nor does it say anything about provisions for Additional Living Expenses. Is there a possibility that is in a different policy? I just had an environmental company do some sampling for mold and other airborne fungi to be sure this has not spread in other parts of the house because it's been so long with no cleanup and decontamination. I’d like to know if any of your professionals have experience dealing with third-party claims and sewer damage and mold contamination.
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“At Citizens, lawyers win, public loses” was the Tampa Bay Times featured editorial headline on Friday, September 27, 2013. This followed an earlier article in the Times “Citizens racks up millions in attorney’s fees and it denies claims” exposing the astronomical legal fees that have been paid to both plaintiff lawyers (policyholders advocates) and defense lawyers who represent the insurance companies.
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I was watching one of the “Homeowners Policy & Claims Bill of Rights Working Group” meetings the other day when a segment of the meeting featured a homeowner couple who took the time to appear at the meeting and tell their story about their insurance loss and claim that resulted from an unfortunate fire in their residence.  These folks told the committee they wanted to share this experience in hopes that something good would come out of their very bad experience trying to deal with an insurance property loss on their own.

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Q. An insurance adjuster came and inspected our house for roof damage following a hail storm. He indicated that only part of the roof needed repair. In the process of getting off the roof, he slipped and caused some damage to the roof and to the gutters which he added to the coverage. I have heard but can't find documentation that in Alabama, if the adjuster creates damage the insurance company is liable for the full roof and not just the damaged portion. I would like to confirm this as fact or fiction?

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Q. My vacant property was vandalized (electrical, plumbing, bath & kitchen fixtures were destroyed). The insurance company denied my claim for vandalism as they considered theft was involved. Vandalism is a covered peril, theft is not. The definition of vandalism is not absolute (there are five to seven forms of vandalism, depending on the authority) and, there is no definition of theft given in the policy (nor will any representative provide one). One form of vandalism is that of acquisitive vandalism. Clearly when the value of the property damages exceeds 100 times the value of the petty theft, there would be a case for this form of vandalism. In this case the property damage estimate was $25,000 and the estimated value of the scrap wire and used fixtures was $200. Can a claim be successful based on the assertion that, barring a specific exclusion for acquisitive vandalism, the incident was in fact vandalism?

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