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Hicks v. American Integrity - Update

Posted by Michael A. Cassel | May 23, 2018 | 0 Comments

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.

About the Author

Michael A. Cassel

Michael A. Cassel, LL.M., is the managing partner and co-founder of Cassel & Cassel, P.A., where he represents policyholders throughout the state of Florida in first party property insurance claims.  Michael is licensed by the Florida Bar as well as in the Southern, Middle, and Northern Federal Districts of Florida, the U.S. Court of Appeals for the 11th Circuit, and has argued before the Judicial Panel for Multidistrict Litigation.  He has earned an AV Preeminent rating from Martindale Hubbell.  He has also been named a Florida Super Lawyer for the last two years by Florida Super Lawyers Magazine and a Rising Star for the prior six consecutive years, was named as one of South Florida Business Journal's 40 Under 40 for 2020, and one of the Cystic Fibrosis Foundation 40 Under 40 Outstanding Young Professionals of South Florida for 2022.  Michael regularly publishes blogs on newly released case law pertaining to first party property insurance claims and has become a regular on the lecture circuit presenting on topics such as building code compliance, ordinance and law coverage, bad faith litigation, technology in claims adjustment, and providing updates on case law and legislative changes.  He obtained his Masters of Insurance Law from the University of Connecticut in 2023.


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