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
[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).
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