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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.
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Hillary Cassel, Michael Cassel, and Alex Zatik have all been featured is 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.
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. 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].
This week, Michael Cassel presented at the Windstorm Insurance Network ("WIND") 2021 Virtual Conference.
Michael Cassel presented to the Florida Association of Public Insurance Adjusters ("FAPIA") 2020 Conference held virtually.
Last week, Michael Cassel presented in the 2020 Civil Remedies Webinar with the Florida Justice Association.
Michael Cassel has been named one of South Florida Business Journal's 40 Under 40 for 2020.
Hillary Cassel and Michael Cassel have both been named as 2020 Rising Stars by Super Lawyers Magazine. This marks the fourth consecutive year for Michael and sixth consecutive year for Hillary.
On May 13, 2020, the Third District Court of Appeal released their decision in Security First Insurance Company v. John Czelusniak (hereinafter “Czelusniak”).[1] The Czelusniak opinion discusses the application of the doctrine of anti-concurrent causation (hereinafter “ACC”) as it relates to exclusionary provisions in insurance policies.
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*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.
*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.