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Cassel & Cassel appears Amicus Curae on behalf of Florida Policyholders Cooperative in State Farm v. Sanders

Posted by Michael A. Cassel | Mar 30, 2021 | 0 Comments

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].  

On April 15, 2020, t he Third District Court of Appeal certified the following question of great public importance:

  • CAN A FIDUCIARY, SUCH AS A PUBLIC ADJUSTER OR APPRAISER WHO IS IN A CONTRACTUAL AGENT-PRINCIPAL RELATIONSHIP WITH THE INSUREDS AND WHO RECEIVES A CONTINGENCY FEE FROM THE APPRAISAL AWARD, BE A DISINTERESTED APPRAISER AS A MATTER OF LAW?

As the outcome of the  Sanders  may greatly affect policyholders across the state of Florida,  Michael Cassel  from Cassel & Cassel has appeared on behalf of the Florida Policyholders Cooperative ("FPC"), a Florida political committee dedicated to protecting consumers' rights in the property insurance industry through advocacy and legislative efforts, as amicus curae to address issues which were overlooked by both the trial and appellate courts. 

A copy of FPC's amicus curae brief in support of the Sanders can be viewed and downloaded through the following link: 

FPC Amicus Curae Answer Brief - State Farm v. Sanders

Download File

[1] State Farm Fla. Ins. Co. v. Sanders, 3D19-927, 2020 WL 1870776 (Fla. 3d DCA Apr. 15, 2020), review granted, SC20-596, 2020 WL 5946343 (Fla. Oct. 7, 2020).  

About the Author

Michael A. Cassel

Michael A. Cassel, LL.M., is the managing partner and co-founder of Cassel & Cassel, P.A., where he represents policyholders throughout the state of Florida in first party property insurance claims.  Michael is licensed by the Florida Bar as well as in the Southern, Middle, and Northern Federal Districts of Florida, the U.S. Court of Appeals for the 11th Circuit, and has argued before the Judicial Panel for Multidistrict Litigation.  He has earned an AV Preeminent rating from Martindale Hubbell.  He has also been named a Florida Super Lawyer for the last two years by Florida Super Lawyers Magazine and a Rising Star for the prior six consecutive years, was named as one of South Florida Business Journal's 40 Under 40 for 2020, and one of the Cystic Fibrosis Foundation 40 Under 40 Outstanding Young Professionals of South Florida for 2022.  Michael regularly publishes blogs on newly released case law pertaining to first party property insurance claims and has become a regular on the lecture circuit presenting on topics such as building code compliance, ordinance and law coverage, bad faith litigation, technology in claims adjustment, and providing updates on case law and legislative changes.  He obtained his Masters of Insurance Law from the University of Connecticut in 2023.

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