Cassel & Cassel, P.A. - Property Damage Attorneys
  • Home
  • Our Attorneys
    • Hillary B. Cassel
    • Michael A. Cassel
    • Alex J. Zatik
    • Christy Brigman
    • Michael B. Nemerof
  • Practice Areas
  • Firm News & Blog
  • FAQs
  • Glossary of Terms
  • Contact Us

An Exploration on the Application of Actual Cash Value versus Replacement Cost Value in Florida Property Insurance Claims

5/20/2022

0 Comments

 
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.

Read More
0 Comments

Analysis of New Case Law re: the Burden of Proving Prejudice

4/20/2022

0 Comments

 
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.

Read More
0 Comments

Cassel & Cassel presents at the 2022 WIND Conference

1/27/2022

0 Comments

 
This week, Michael Cassel presented at the Windstorm Insurance Network ("WIND") 2022 Conference.

Read More
0 Comments

Cassel & Cassel presents with the Florida Justice Association on Civil Remedies and Bad Faith

12/17/2021

0 Comments

 
This week, Michael Cassel presented in the 2021 Civil Remedies Webinar with the Florida Justice Association.

Read More
0 Comments

Cassel & Cassel presents to the Florida Association of Public Insurance Adjusters

10/26/2021

1 Comment

 
Hillary Cassel and Michael Cassel presented to the Florida Association of Public Insurance Adjusters at the 2021 live conference.

Read More
1 Comment

Hillary and Michael Cassel recognized as Top Insurance Lawyers by Fort Lauderdale Illustrated

10/13/2021

2 Comments

 
​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.

Read More
2 Comments

Analysis of New Case Law re: Intent as an Element when Voiding Coverage based on False Statements or Material Misrepresentations

9/8/2021

2 Comments

 
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.

Read More
2 Comments

A study on Sebo and its effect on Florida's Multiple Peril Loss Analysis

7/7/2021

1 Comment

 
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. 

Read More
1 Comment

Cassel & Cassel has three attorneys recognized in Florida Super Lawyers Magazine

6/24/2021

0 Comments

 
​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.

Read More
0 Comments

Analysis of New Case Law re: Material Misrepresentations and the Voiding of Coverage

4/1/2021

0 Comments

 
Analysis and Interpretation by Michael A. 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.

Read More
0 Comments
<<Previous

    Attorney Blog

    Categories

    All
    Case Law Analyses
    Firm News

    Archives

    April 2022
    January 2022
    December 2021
    October 2021
    September 2021
    July 2021
    June 2021
    April 2021
    March 2021
    February 2021
    December 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    January 2020
    October 2019
    September 2019
    August 2019
    June 2019
    May 2019
    April 2019
    February 2019
    January 2019
    July 2018
    June 2018
    May 2018
    February 2018
    January 2018

Picture

    ​To receive our newsletters, provide the information below:

Submit

Contact Us

Presidential Circle
4000 Hollywood Blvd.
Suite 685-S
Hollywood, FL 33021


E-Mail:  info@cassel.law

​Phone:   (954) 589-5504
​
Fax:       (954) 900-1768

Hablamos Español*

Visit us on Social Media
Picture
Picture

All Rights Reserved · © 2021 CASSEL & CASSEL, P.A. · Attorney Advertising
DISCLAIMER: The information contained on this website is intended as general information only and does not constitute, nor should it be taken as, legal advice.  No information contained on this website should be relied upon without consulting with an attorney licensed to practice in the jurisdiction in which your matter arises.  Laws and legal requirements change frequently and are subject to revision and interpretation.  We make no representation, warranty, or claim that the information contained on this website is up to date.  We are not responsible for any errors or omissions in the resources or information available at or from this website.  Any accounts of recent trials, verdicts, settlements, or results contained in this website are intended to illustrate the experience of the law firm.  Prospective clients may not obtain the same or similar results as each case is unique and results will differ based on the particular facts and law applicable in each case.  Nothing contained on this website constitutes a guarantee, warranty, or prediction regarding the outcome of a specific legal matter.  The services discussed on this website may not be available in all jurisdictions. The attorney responsible for this website is Michael Cassel, Esq. 

*Spanish speakers are non-attorney staff assistants employed by Cassel & Cassel, P.A.  The non-attorney staff assistants are not members of the State Bar of Florida and are not licensed to practice law.  Los asistentes hispanoparlantes empleados por Cassel & Cassel, P.A., no son abogados. Nuestro personal no son miembros de la asociaciòn de abogados de la Florida, y no estàn licenciados para practicar la ley en el estado de la Florida.
  • Home
  • Our Attorneys
    • Hillary B. Cassel
    • Michael A. Cassel
    • Alex J. Zatik
    • Christy Brigman
    • Michael B. Nemerof
  • Practice Areas
  • Firm News & Blog
  • FAQs
  • Glossary of Terms
  • Contact Us