CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 6572, 2010 WL 1874367
...In March 2005, Universal issued an all-risks homeowners' insurance policy to Mr. Warfel. The policy covered sinkhole claims. Effective June 1, 2005, the legislature amended sections
627.706 to
627.707, Florida Statutes (2005), and enacted sections 627.7065,
627.7072, and
627.7073 relating to database information, testing standards, and reporting requirements for sinkhole claims....
...oss and the findings, opinions, and recommendations of the engineer as to land and building stabilization and foundation repair shall be presumed correct. [3] Universal retained its experts under section
627.707(2) to conduct the testing required by section
627.7072 and to issue a *138 report in accordance with section
627.7073....
...Specifically, section
627.707, Florida Statutes (2005), was amended to revise the standards for investigating sinkhole claims. See SB 1488 Staff Analysis at 24. Section
627.707(2) requires an insurer who receives a sinkhole claim to engage an engineer or professional geologist to conduct testing as set forth in section
627.7072, to determine the cause of loss. Section
627.7072 sets forth specific standards to test for the presence or absence of sinkholes. The testing must conform to the Florida Geological Survey Special Publication No. 57 (2005). §
627.7072(2)....
...The experts then prepared a report as required by section
627.7073. This was all done at Universal's expense. At trial Mr. Warfel offered his own experts, who simply reviewed Universal's *143 report and visited the property; they did not conduct independent testing consistent with the standards set forth in section
627.7072....
...rmine if there has been physical damage to the structure which may be the result of sinkhole activity. (2) Following the insurer's initial inspection, the insurer shall engage an engineer or a professional geologist to conduct testing as provided in s.
627.7072 to determine the cause of the loss within a reasonable professional probability and issue a report as provided in s.
627.7073, if: (a) The insurer is unable to identify a valid cause of the damage or discovers damage to the structure which is consistent with sinkhole loss; or (b) The policyholder demands testing in accordance with this section or s.
627.7072....
...[2] The trial court denied Universal's motion as to sections
627.706 to
627.707, finding that these amendments were substantive and not applicable retroactively. The trial court granted Universal's motion as to the three new enactments, sections 627.7065,
627.7072, and
627.7073, relating to sinkhole database, testing, and reporting requirements, reasoning that the statutes were procedural and did not involve an issue of retroactivity....
...[7] We recognize the legislature's desire to stem the tide of sinkhole-related insurance claims. Unquestionably, certain provisions of the statutes described earlier in this opinion reflect a concern with identifying and advising homeowners and others of potential sinkhole-prone areas. See §§ 627.7065,
627.7072,
627.7073....
