As the final element before obtaining his Master of Law (LL.M.) in Insurance Laws, Michael Cassel recently completed a scholarly research paper regarding the recent legislative changes effectuated by Senate Bill 2-A and its effect on attorney’s fees and bad faith litigation, including a complete history of the issues and the impact moving forward.
On Sunday, May 14, 2023, firm co-founder and managing partner, Michael Cassel, officially received his Masters of Insurance Laws from the University of Connecticut.
On May 3, 2023, the Fourth District Court of Appeals released their decision in Cole v. Universal Property and Casualty Insurance Company. The Cole opinion discusses the retroactive application of pre-suit notice requirement enact as part of section 627.70152, Florida Statutes. While a more in-depth analysis of Senate Bills 76 (2021) and 2-A (2023) is forthcoming, this immediate preliminary examination is necessary due to the potential implications of the opinion.
On February 9, 2023, the Supreme Court of Florida released their decision in Parrish v. State Farm Florida Insurance Company. The Parrish opinion firmly states that a public adjuster, including the president of a public adjusting company, cannot serve as a “disinterested" appraiser if they have a pecuniary interest in the outcome of the appraisal.
On January 27, 2023, the Second District Court of Appeals released their decision in Cordero v. Florida Insurance Guaranty Association, Inc. While the case law regarding prompt notice of an insurance claim seems all but settled, the Cordero opinion expands upon the analysis as it pertains to when an insured must place the carrier on notice of a claim.
This week, Michael Cassel presented at the Windstorm Insurance Network ("WIND") 2023 Conference.
Recently, the Florida Legislature convened for a Special Session related to property insurance. Despite her freshman legislator status, Rep. Hillary Cassel, considered to be a leading expert in the field, was tasked by the Democratic Caucus to lead the way through the Special Session.
This week, Michael Cassel presented to the Florida Association of Public Insurance Adjusters ("FAPIA") as part of its Into the Storm Public Adjuster Virtual Webinar Series.
On November 22, 2022, Hillary Cassel was officially sworn in as a Member of the Florida House of Representatives
Cassel & Cassel co-founder Hillary Cassel has been elected as State Representative for Florida District 101.
This week, Michael Cassel presented at the Florida Bar Real Property Probate and Title Law ("RPPTL") Section Legislative and Case Law Update Seminar at the Breakers Hotel in Palm Beach, FL.
Michael Cassel has been selected as a recipient of the 2022 40 Under 40 Outstanding Young Professionals of South Florida Award by the Cystic Fibrosis Foundation.
This week, Michael Cassel kicked off the ("WIND") 2022 Case Law Webinar Series with a presentation regarding Florida law.
Hillary Cassel , Michael Cassel , and Alex Zatik have all been featured in the 2022 edition of Florida Super Lawyers Magazine. Hillary was named as a Florida Super Lawyer for the second year in a row after six consecutive years as a Rising Star. Michael and Alex were both named as Rising Stars. This marks the sixth consecutive year for Michael and the second consecutive year for Alex.
As part of his pursuit of a Master of Law (LLM) in Insurance Law, Michael Cassel has recently completed a scholarly research paper regarding the application of Actual Cash Value and Replacement Cost Value in Florida property insurance claims.
On April 13, 2022, the Fourth District Court of Appeals released their decision in Sharon Godfrey v. People’s Trust Insurance Company,[1] (hereinafter "Godfrey"). The Godfrey opinion discusses a shift in the burden to prove prejudice as it pertains to the failure to comply with conditions precedent to coverage in a homeowners insurance policy.
This week, Michael Cassel presented at the Windstorm Insurance Network ("WIND") 2022 Conference.
This week, Michael Cassel presented in the 2021 Civil Remedies Webinar with the Florida Justice Association.
Hillary Cassel and Michael Cassel presented to the Florida Association of Public Insurance Adjusters at the 2021 live conference.
Hillary Cassel and Michael Cassel have been selected by Fort Lauderdale Illustrated as Top Lawyers in Insurance Law. This marks the second consecutive year for both Hillary and Michael.
What was once a trilogy has become a tetralogy. On April 24, 2019, March 16, 2020, and April 1, 2021, we published articles regarding the decisions in Alvarez v. State Farm, [1] Beseler v. Avatar, [2] and Mezadieu v. Safepoint,[3] respectively, on the topic of material misrepresentations voiding coverage under insurance policies. The Alvarez opinion was being used for the proposition that an allegedly overinflated estimate is de facto fraud/material misrepresentation. We argued that this was not the case due to established case law culminating in the holding in Beseler. This position was somewhat vindicated after the release of the Mezadieu opinion where the court found intent was not required when the misrepresentation was material in light of extenuating circumstances wherein the insured testified that she knew $11,000 of the total estimated amount should not have been in there. It was and is our argument that the Mezadieu court ignored analysis of this fact in reaching their holding. Most recently, on June 2, 2021,[4] the Fourth District Court of Appeal released their opinion in the matter of Anchor Property and Casualty Insurance Company v. Alex Trif and George Trif (hereinafter "Trif").[5] In Trif, the appellate court performed an in depth analysis regarding the requirement for intent when an insurance carrier seeks to utilize the concealment or fraud provision to void coverage. In doing so, the Trif court distinguished Mezadieu in a manner similar to that of our prior analysis. Once again, we stand firm and confident in our argument that simply because an estimate is unilaterally deemed to be too high by an insurance company either in scope or price does not mean the insured has committed fraud or put forth a material misrepresentation sufficient to void coverage.
As part of his pursuit of a Masters of Law (LLM) in Insurance Law, Michael Cassel has recently completed his dissertation on Sebo v. American Home Assurance and its effect on Florida's Multiple Peril Loss analysis.
Hillary Cassel, Michael Cassel, and Alex Zatik have all been featured in the 2021 edition of Florida Super Lawyers Magazine. Hillary was named as a Florida Super Lawyer for the first time after six consecutive years as a Rising Star. Michael and Alex were both named as Rising Stars. This marks the fifth consecutive year for Michael and the first year for Alex.
Analysis and Interpretation by Michael Cassel
On April 24, 2019, and, again, on March 16, 2020, we published articles regarding the decisions in Alvarez v. State Farm [1] and Beseler v. Avatar,[2] respectively. The Alvarez opinion was being used for the proposition that an allegedly overinflated estimate is de facto fraud/material misrepresentation. We argued that this was not the case due to established case law culminating in the holding in Beseler.
More recently, on March 26, 2021, the Fourth District Court of Appeal released their opinion in the matter of Jennifer Mezadieu v. Safepoint Insurance Company (hereinafter "Mezadieu").[3] In Mezadieu, the appellate court analyzed whether a material misrepresentation even without an element of intent was sufficient to void coverage under the concealment or fraud provision of the governing policy. While the Mezadieu court found that coverage could be voided without intent, it is the particular facts of the case that lend themselves to such a finding. Overall, the position outlined in our prior articles remains unchanged: simply because an estimate is unilaterally deemed to be too high by an insurance company either in scope or price does not mean the insured has committed fraud or put forth a material misrepresentation sufficient to void coverage.
Cassel & Cassel has joined the fight against insurance carriers taking advantage of insureds through the appraisal process addressed in State Farm Fla. Inc. Co. v. Sanders[1].