As winning sinkhole lawyers, we do more than just file a claim; we build the team to solve your riddle, and get your claim paid.  No matter the size or scope of your claim, we’ll employ our more than two decades of experience and knowledge in multi-unit, large sinkhole losses to help you get the best possible outcome.  If you’ve lost property or experienced inconveniences due to a sinkhole damage, call 813-258-4998 for a free, comprehensive consultation.

As a seasoned sinkhole lawyer, I work with an extraordinary team to evaluate your claim; help you make sound sinkhole repair decisions; retain and consult expert geologists, geotechnical engineers, contractors, and structural engineers; and litigate your claim through the appeal process, if necessary.  Rest assured that your sinkhole damage claim will be thoroughly evaluated, investigated, and litigated in order to ensure that you are fully compensated by your insurance company. 

When it comes to dealing with multiple buildings and properties managed by LCAMs, for example, don’t give your claim to a law firm who handles only smaller, single-family homes.  The larger the loss, the more the need for documentable experience and proven success. As a property owner, you have rights when it comes to sinkhole damage.  I tried my first sinkhole case in 1999, and have since successfully represented insureds in claims for sinkhole damage and are prepared to force your insurance company to honor your claim. 

Corless Law Group counsels many types of insureds – including multi-unit properties, businesses, homeowners associations, LCAMs, and their representatives – to recover benefits on sinkhole damage insurance claims throughout the State of Florida.  We provide valuable insight to help you navigate the claim process and complex sinkhole laws while serving as your dedicated advocates.

Corless Law Group can document record-setting verdicts for larger properties and against the largest insurers, from discovery through verdict and appeals to the highest courts.  Click here to view results we have obtained while representing Boards of Directors who are policyholders in sinkhole claims.  If you want to talk to our former clients in this context, we can provide specific references.

Sinkhole damage insurance claims are scrutinized by adjusters who are looking for defenses.  As a result, Corless Law Group approaches the investigation and resolution of your sinkhole claim with the utmost care, attention, tenacity, diligence, and technical skills.  We’ll fight for the money you deserve to stabilize and repair your property and business.  

If your sinkhole claim is denied, it is imperative to hire an experienced sinkhole damage insurance attorney to help you with an existing claim against your homeowner’s insurance company.    Whether in the courtroom or during settlement negotiations, Corless Law Group can obtain full and fair payment on sinkhole damage insurance claims.  Contact us at 813-258-4998.

Trials are fundamental to the administration of justice.  On January 20, 2022, our client Mrs. Bingham will have her day in court as our law firm pursues full and fair compensation stemming from sinkhole damage while seeking punitive damages against her insurer, Tower Hill Preferred Insurance Company (hereinafter “Tower Hill”).  

For details about this watershed case, we encourage you to read our newsletter and blog.  After perusing these materials, if you have experienced a similar treatment by your insurer, please contact us at 813-258-4998.  We continue to collect evidence in Mrs. Bingham’s case and would be grateful to hear from you.  

Statutory Authority 

Florida law provides a civil remedy for insureds when their insurance companies engage in bad faith.  Under Florida Statute § 624.155, a person may bring a civil action against an insurer when such person is damaged by the insurer’s violation of statutory provisions, all designed to level the playing field between well-funded insurers and their insureds. 

If an insurance company doesn’t play by the rules, it can be ordered to pay substantial punitive damages as punishment.  Florida Statute § 624.155(5) states punitive damages can be awarded where the violations are so frequent as to indicate a “general business practice.”  When an insurance company intentionally denies or does not cover a valid residential insurance claim, the insurer may have breached its contract by not acting in good faith and fair dealing.  When insurance companies fail to uphold their duties to insureds, those customers have a right to file a claim based on breach of contract.  After the breach of the policy is established, the insured may then pursue punitive damages.

The Court examined the proffer of evidence made by our firm on behalf of Mrs. Bingham, pursuant to Section 768.72, Florida Statutes.  While the Court’s findings are procedural in nature, the Court’s Order established we have met the threshold of proof to now be able to present evidence seeking punitive damages.  A trial is set for January 20, 2022.  Ultimately, whether punitive damages are appropriate will be decided by a jury.

“Punitive damages are intended to express society’s collective outrage for the insurer’s misconduct and deter similar egregious behavior in the future by punishing the defendant,” notes Ted Corless.  “In this case, the Court granted Mrs. Bingham the required permission to seek punitive damages against Tower Hill.  We can show Tower Hill treated 50 additional insureds in the same manner as Mrs. Bingham.”    

Money Talks

Punitive damages may be significantly more than out-of-pocket expenses or the principal as they are paid in excess of the insurance claim and are based upon the financial strength of the insurer.

When dealing with your insurance company, keep an eye out for bad faith practices and document any actions or inactions made by your insurer and its representatives, so that they may be held responsible for their actions later on.

The underpinnings of a bad faith case with teeth usually include actions by the insurance company that demonstrate they are acting in the best interests of their own pocketbook, and not in the best interests of its insureds. 

Justice for Mrs. Bingham 

In an active case styled Bingham v. Tower Hill Preferred Insurance Company, in Pasco County, Florida, our firm has a pending bad faith case with punitive damages against Tower Hill.  

As more fully described in the Complaint, our client accuses Tower Hill of engaging in a general business practice to leverage a class of insureds, and not just one family.  With regard to the sinkhole damage claim in Bingham, our firm’s investigation revealed a general business practice of prohibited and unlawful conduct in more than 50 other sinkhole claims.  If believed by a jury, this information would prove the insurer’s conduct was more than just a single act by a rogue claims adjuster. 

Tower Hill disputes these accusations, as is described in their Answer.  Tower Hill alleges their conduct was within the standard of care it owed to its insureds.  It also claims much of the evidence means something else, and not what is alleged in Mrs. Bingham’s Complaint. 

We have asserted that Tower Hill’s conduct was not an anomaly in Mrs. Bingham’s case but instead a consistent bad faith handling of sinkhole damage claims that was a “general business practice.”  If the jury believes both the theory described and the evidence supporting it,  the door may swing open for a verdict worth millions.  Conversely, the jury could reject her theories, and instead find for Tower Hill.

We never want another insured to experience the type of egregious, unlawful, and prohibited behavior we believe Tower Hill engaged in against Mrs. Bingham.  To find out if you or your current lawyer can pursue punitive damages for an insurance claim, call our experienced Florida insurance claim attorneys at 813-258-4998.

About Corless Barfield Trial Group

Our law firm has helped hundreds of insureds recover more than $500 million in compensation for insurance losses.  The greater the complexity of the case, the more frequent collaboration and sharing of resources is required.  We are retained by other law firms that seek expertise in cases that compel punitive damages.  Call 813-258-4998 for a free consultation.  

In a case styled Bingham v. Tower Hill Preferred Insurance Company, the Court on September 1, 2020 granted Elise Bingham’s motion for leave to seek punitive damages in a loss occurring on November 11, 2010 for sinkhole damage.  Despite the fact Tower Hill Preferred Insurance Company (“Tower Hill”) was aware an engineering firm had confirmed damage to the policyholder’s home as being caused by sinkhole activity, Tower Hill spent more than four years defending the claim and refusing benefits to Elise Bingham (“Mrs. Bingham”).  As more fully detailed in the Third Amended Complaint, after abandoning its defenses on November 4, 2014, on the eve of trial, Tower Hill was sued for “bad faith” under Section 624.155, Florida Statutes.  

During its multilayered investigation of the insurer’s bad faith practices, Corless Barfield Trial Group discovered more than 30 other insureds who faced the same allegations and tactics taken against Mrs. Bingham by Tower Hill.  These included the use of spurious allegations of concealment and fraud, despite the fact Mrs. Bingham provided all documents requested and information sought by Tower Hill in its adjustment of the claim.  Additionally, Tower Hill used a formula for assessing the amount due, rather than basing its claims offers on the undisputed amount of the damages, which exceeded Mrs. Bingham’s policy limits.  

Without making any factual findings, the Court ruled that Corless Barfield Trial Group had sufficiently documented evidence of a potential general business practice, as set forth under Section 624.155(4), establishing bad faith on the part of the insurer.  A copy of the Complaint detailing Mrs. Bingham’s theories and supporting evidence can be read here. 

At the hearing on the motion to add punitive damages, Corless Barfield Trial Group presented evidence of similar conduct in other claims, as well as the willful and wanton denial of benefits, which the Court found to be sufficient to permit Mrs. Bingham to now seek punitive damages against Tower Hill. 

Tower Hill continues to deny wrongdoing and disputes any allegations of a general business practice to deprive any insureds of benefits due.  A copy of Tower Hill’s answer to the Third Amended Complaint can be reviewed here. 

“Some cases compel juries to award significant punitive damages in order to send a message to the insurance company to stop its illegal practices and change the way it does business.  This is one such case that has the potential to become a real-life nightmare for Tower Hill,” states Ted Corless, Esq.

“Time and again, Tower Hill failed to investigate Mrs. Bingham’s claim properly. Time and again, Tower Hill made false statements, took actions to leverage her to accept less than what was due to her.  We hope that through this next phase of legal action, we can bring the truth to light, create accountability for Tower Hill’s wrongdoing, and help prevent such financial and emotional misery from happening to anyone else,” notes Ted Corless.  

Practically from the start, Tower Hill did not follow its own policies and procedures resulting in Mrs. Bingham’s claim being seriously compromised.  Thankfully, the law provides a recourse.  Florida law permits insureds to seek punitive damages against an insurance company after establishing by evidence in the record that the violation of the insured’s rights occurred with such frequency as to indicate a “general business practice.”  See Section 624.155(4). 

The process for seeking punitive damages obligates the insured to make a “proffer” of evidence into the record to support the existence of general business practice to not only act against the insureds in a “willful or wanton” manner but also that other, similarly situated insureds suffered the same fate. 

Under the law, the court serves as “gatekeeper” to assess the evidence proffered by the insured as to why punitive damages should be sought against the insurer.  This is mainly due to protect insurance companies from both the cost of such claims and the existential threat to any insurance company’s existence.  In its consideration of the proffer, courts do not determine whether punitive damages should be paid, but instead focus on whether an insured has demonstrated a basis to seek recovery of such damages when presented to a jury. 

Insurers have a substantive right not to face punitive damages unless a court has found that an insured’s theory and proffer meet its threshold.  In this case, the Court unmistakably held that Tower Hill can face punitive damages. 

Corless Barfield Trial Group seeks any further information as to the allegations in the Complaint.  If you are insured with Tower Hill or were insured under any of the policies sold under the Tower Hill Insurance brand, and you believe that you have suffered a similar fate as described in the Complaint, we’d appreciate the opportunity to discuss these matters with you.  You are encouraged to contact us about this investigation and your legal rights and options by calling 813-258-4998 (Ted Corless, Esq.) or emailing service@corlessbarfield.com.  All communications remain confidential.  

For information about Corless Barfield Trial Group’s success, click here.

About Corless Barfield Trial Group 

Corless Barfield Trial Group, a nationally recognized high-stakes insurance dispute law firm, has over 75 years of combined experience in the area of insurance law.  Founded in 2012 by Ted Corless, the firm has recovered more than $500 million for policyholders and personal injury clients throughout Florida.  Ted Corless has more than 25 years of experience in federal and state courts, and he has represented owners of multi-unit dwellings, property managers, homeowners, Homeowners Associations, Community Association Managers, and Licensed Community Association Managers in more than 50 jury trials.  Specializing in insurance disputes and personal injury law, Corless Barfield Trial Group differentiates itself with deep legal expertise, a mastery of technology in the courtroom, and a compelling manner of storytelling. 

URL: corlessbarfield.com

Whether big or small, sinkholes remain geological phenomena that regularly occurs in Florida.  Did a sinkhole loss occur or how do we repair sinkholes when they do occur are questions we get asked all the time.  Corless Barfield Trial Group brings our extensive experience, which includes a comprehensive understanding of the legal and engineering issues associated with sinkholes, to our client’s cases.  

Below are important sinkhole warning signs. If you are experiencing a number of the signs described below, please contact a professional. If you have questions about sinkhole activity, insurance, or property damage call Corless Barfield Trial Group at 813-258-4998.

Fall Between the Cracks:  In the event you have sinkhole activity, you could see cracks forming in your walls, especially where walls and ceilings meet as well as around doors and windows.  You may notice cracks in tile grout, laminate, linoleum, or flooring. Be aware of new or growing cracks. If you live in a community managed association, each building on your property should be annually inspected for the common signs of sinkhole loss.

Mind the Gap: Walls and ceilings with gaps or separation could indicate a sinkhole.  Specifically, look for cracks in your interior walls and on the ceilings. Trim and molding that’s pulling away is another sign of sinkhole activity. If you notice slanting or see warping, these issues may be sinkhole related.

Nature Calls:  There are numerous sinkhole warning signs to look for around the outside of your house, too.  Inspect your fence posts and trees for sagging or slanting. Small ponds of water are a sign of sinkhole activity, especially if water has never collected there before.  

Love Thy Neighbor:  If you see any of the signs mentioned above, ask your neighbors if they’ve had sinkhole activity.  Additionally, check with your emergency management office and weather offices about sinkhole activity in the area. In Florida, the Geological Survey office records and tracks sinkhole events.  

Corless Barfield Trial Group brings a unique, valuable perspective of representing policyholders against some of the nation’s most powerful insurance companies.  

Our property damage insurance lawyers, Ted Corless, Morgan Barfield, and Mary Catherine Lamoureux are leaders in the legal community on these issues. We represent insureds in sinkhole damage claims but also in claims arising from hurricane and other windstorm activity (e.g. tornado, microburst, hail, etc.). Corless Barfield represents clients at all levels of insurance issues, from claim management through value appraisal and arbitration.  

For denied claims, Corless, Barfield, and Lamoureux can document record-setting verdicts against the largest insurers, from discovery through verdict and appeals. To learn more about how we can help you with sinkhole and windstorm losses, please contact our law firm today at 813-258-4998.