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Analysis and Interpretation by Michael A. Cassel
On July 25, 2018, the Fourth District Court of Appeals released their decision in Andrea Tracey and James Tracey v. People's Trust Insurance Company, No. 4D17-3945, 2018 WL 3559914 (4th DCA 2018) (hereinafter "Tracey"). The Tracey opinion discusses the ability for an appraisal panel to determine causation for a denied portion of a claim when the claim has not been denied in its entirety.
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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. 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.
Analysis and Interpretation by Michael A. Cassel
On February 23, 2018, the Fifth District Court of Appeals released their decision in Hugh Hicks v. American Integrity Insurance Company of Florida. The Hicks opinion discusses the ambiguities inherent in the oft relied upon constant or repeated seepage exclusionary provision which is contained within most property insurance policies in the State of Florida. |
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