Analysis of New Case Law re: Overcoming the Presumption of Prejudice caused by Failure to Provide Prompt Notice
Analysis and Interpretation by Michael A. Cassel
On May 16, 2018, the Fourth District Court of Appeals released their decision in Carlos De La Rosa v. Florida Peninsula Insurance Company, No. 4D17-1294, 2018 WL 2246781 (4th DCA 2018) (hereinafter "De La Rosa"). The De La Rosa opinion discusses the prejudice analysis as it pertains to the failure to comply with the prompt notice requirement contained within the insured's homeowners insurance policy.
Hillary Cassel is scheduled to speak at the Summer 2018 Florida Association of Public Insurance Adjusters ("FAPIA") Conference in Sanibel, Florida.
On February 24, 2018, we presented our analysis and interpretation of the opinion in Hicks v. American Integrity. Due to the nature of the appeal, it was no surprise that American Integrity filed a motion for rehearing. On May 18, 2018, the Fifth District Court of Appeals denied American Integrity's request for rehearing and upheld its original opinion.