Warfel v. Universal Insurance Company of North America, ___ So. 2d ___, 34 Fla. L. Weekly D2527 (Fla. 2d DCA 12/9/09)
Section 627.7073(1)(c), Florida Statutes, provides that the opinions of the insurer’s experts in a sinkhole case are presumed correct. The trial court erred in concluding that this statute shifted to the insured the burden of proving that the opinions of the insurer’s experts were incorrect. The statute creates a vanishing presumption that places the burden on the insured to produce evidence contradicting the opinions of the insurer’s experts. Once the insured satisfies this burden, the jury should not be informed of the existence of the presumption.