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Defining Structual Damage: The Eleventh Circuit Rules
May 1, 2015
The following article was originally published in the HCBA magazine, The Lawyer, May – June 2015.
Section 627.706, Florida Statutes, has not always required “structural damage” as part of a “sinkhole loss.” Until 2005, the statute required “actual physical damage to the property.” The 2005 amendment to section 627.706 narrowed the damage requirement to “structural damage to the building” but left “structural damage” undefined. In 2011, the legislature codified five criteria that individually define “structural damage.” See § 627.706(2)(k),
Fla. Stat.
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