Florida law mandates that homeowners receive sinkhole testing results immediately, at the same time the insurance company receives them. This mandate is clearly spelled out in section 627.7073, Florida Statutes.

It states,

627.7073  Sinkhole reports.--
(1)  Upon completion of testing as provided in s. 627.7072, the professional engineer or professional geologist shall issue a report and certification to the insurer and the policyholder as provided in this section.

“to the insurer and the policyholder.” That sentence is designed to protect the homeowner from undue delays and ensure that the homeowner knows what is happening with his or her home!

Unfortunately virtually every geotechnical testing company violates this provision of Florida law. Most geotechnical testing companies send the report only to the insurance company – with a flimsy excuse that “an extra copy was sent to the insurance company to forward to the homeowner.” This is a joke – it violates Florida law, harms a homeowner, and is probably a violation of the Florida Deceptive and Unfair Trade Practices law.

Why do geotechnical testing companies do this? Simple – insurance companies want them to. Insurance companies and adjusters want to be in control of all information in the claims process. And geotechnical testing companies get paid by insurance companies, so they don’t want to “bite the hand that feeds them,” so to speak. The end result is that the testing companies send the reports to the insurance company, but not to the homeowner.

The insurance company can then choose to immediately forward the report to the homeowner, or they can delay it for days, weeks or months. All the while, the homeowner is kept in the dark about whether their home is being impacted by sinkhole activity. This kind of delay is unfair, illegal and harmful to a homeowner. Plus it violates Florida law.

Don’t be afraid to demand the report from the testing company! Don’t settle for their excuses about how they can’t or won’t send you a copy of the report, or that you’ll have to get it from the insurance company. If the testing company still refuses, start making noise – the squeaky wheel gets the grease! File complaints with the Better Business Bureau against the testing company, or the Florida Attorney General. Talk to a Florida attorney about filing a Florida Deceptive and Unfair Trade Practices Act lawsuit against the testing company for violating law. In short, do something!