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As many of you know, on October 23, 2019, the Third District Court of Appeals released their opinion in Glendys Vazquez v. Citizens Property Insurance Corporation (hereinafter "Vazquez").[1] This opinion contained some drastic and far reaching implications with regards to the application of Section 626.9744, Florida Statutes,[2] more colloquially referred to as the “Matching Statute,” as it relates to calculations of payment for replacement cost value versus actual cash value on claims.
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On April 24, 2019, we posted about the Third District Court of Appeals decision in Jose Alvarez and Hilda Alvarez v. State Farm Florida Insurance Company ("Alvarez").[1] Since then, we have seen, for lack of a better term in today’s climate, an epidemic of reliance on this case where insurance carriers and their counsel utilize it for the proposition that an overinflated estimate is de facto fraud/material misrepresentation. Let me make this perfectly clear: Alvarez stands for nothing of the sort.
This past week, Michael Cassel and Christy Brigman, presented at the Windstorm Insurance Network ("WIND") 2020 Conference in Orlando, Florida.
As many of you know, Michael Cassel presented at the Florida Association of Public Insurance Adjusters ("FAPIA") 2019 Conference in Orlando, Florida, regarding building code compliance along with a number of related areas of law and coverage.
Hillary Cassel has been recognized as a 2019 Superstar by Attorney At Law Magazine and will be featured on the front cover.
Hillary Cassel has been recognized as a 2019 Top Rated Lawyer and National Legal Leader in Insurance Law by The American Lawyer magazine and the National Law Journal.
Analysis and Interpretation by Michael A. Cassel
On July 24, 2019, the Third District Court of Appeals released their decision in State Farm Florida Insurance Company v. Charles and Diana Sanders,[1] (hereinafter "Sanders"). The Sanders opinion discusses whether a public adjuster can act as a disinterested appraiser. Hillary Cassel and Michael Cassel have both been named as 2019 Rising Stars by Super Lawyers Magazine. This marks the third consecutive year for Michael and fifth consecutive year for Hillary.
The law firm of Cassel & Cassel, P.A., has expanded by adding Attorney Christy Brigman to the practice. Founded by Hillary Cassel and Michael Cassel, Cassel & Cassel, P.A., is a boutique firm dedicated solely to the representation of residential and commercial policyholders in property damage insurance claims from pre-suit assistance to litigation through trial.
Analysis and Interpretation by Michael A. Cassel
On May 8, 2019, the Fourth District Court of Appeals released their decision in Hershel Bryant and Betty Bryant v. GeoVera Specialty Insurance Company (hereinafter "Bryant"). The Bryant opinion discusses the payment of an appraisal award in suit operating as a confession of judgment and serving to ripen bad faith as well as the denial of payment operating as a waiver of compliance with post-loss conditions – namely the proof of loss requirement. |
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