Court Finds Burden of Proof For Sinkhole Loss Was Improperly Placed On Homeowner

Originally published by Francisco Garcia .

Florida’s Second District Court of Appeal recently reversed final judgment against a homeowner and remanded for a retrial after a jury was instructed that the insured had to prove the damages to his home were caused by a sinkhole. The case, Mejia v. Citizens Property Insurance Corporation,1 stemmed from an insurance claim brought by a homeowner under an all-risks policy issued by Citizens for a sinkhole loss. The homeowner filed suit for breach of contract after Citizens concluded the damages to the insured’s property was not caused by sinkhole activity and denied coverage.

Before the case was presented to a jury, Citizens argued that the homeowner should bear the burden of proving that the damage to his property was caused by sinkhole activity during the policy period. The homeowner responded by noting that he was only required to show that his home was damaged during the relevant policy period, at which point the burden shifted to Citizens to prove the cause of the…

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