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According to Moler, USF&G ia under no legal obligation to pay Barties’ claim. Bartles’ insurance policy, like most, excludes claims made due to earth movement. Moler also said the policy specifically mentions movement due to earthquakes, mud and landslides, raising and lowering of the earth, and sinkholes. Additionally, the policy excludes claims made on condemned property, Moler said.
In spite of what Moler called the "clear exclusions,” he did call the USF&G office in Winchester to attempt to work out some sort of compensation for Bartles.
"At least we could try to see what we could do,” he said. Meanwhile, Bartles referred the claim to a Winchester lawyer, David Andre, when he failed to hear anything from USF&G.
"It's been more than enough time for them to respond,” Bartles said. “So we’re just letting the lawyer take care of it."
Moler said press stories about the sinkhole suggested the insurance company was "dragging its feet" on settling the claim; that, he said, is incorrect.
"They’re clearly not dragging their feet here,” he said. "They’re actually bending over backwards to see if there’s some way to help these folks. But these things take time."
Until that time, the family lives in limbo — and the house in the hole slips away.
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