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.
This is a substantial victory for policyholders throughout the State of Florida who are still subjected to claim denials based on ambiguous "constant or repeated seepage or leakage" exclusionary provisions. Hopefully, the most recent ruling will assist policyholders in obtaining coverage at the onset of their claims as opposed to forcing them to fight/litigate.
On a personal note, I would like to personally thank Hugh Hicks for reaching out to discuss his case and for keeping me apprised of developments in real time. The firm of Cassel & Cassel wishes Mr. Hicks nothing but the best and, now that this appeal has been completed, a swift and favorable resolution to his claim.