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As many of you know, on October 23, 2019, the Third District Court of Appeal released their opinion in Glendys Vazquez v. Citizens Property Insurance Corporation (hereinafter "Vazquez").[1] This opinion contained some drastic and far reaching implications with regards to the application of Section 626.9744, Florida Statutes,[2] more colloquially referred to as the “Matching Statute,” as it relates to calculations of payment for replacement cost value versus actual cash value on claims.
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On April 24, 2019, we posted about the Third District Court of Appeal decision in Jose Alvarez and Hilda Alvarez v. State Farm Florida Insurance Company ("Alvarez").[1] Since then, we have seen, for lack of a better term in today’s climate, an epidemic of reliance on this case where insurance carriers and their counsel utilize it for the proposition that an overinflated estimate is de facto fraud/material misrepresentation. Let me make this perfectly clear: Alvarez stands for nothing of the sort.
This past week, Michael Cassel and Christy Brigman, presented at the Windstorm Insurance Network ("WIND") 2020 Conference in Orlando, Florida.
As many of you know, Michael Cassel presented at the Florida Association of Public Insurance Adjusters ("FAPIA") 2019 Conference in Orlando, Florida, regarding building code compliance along with a number of related areas of law and coverage.
Hillary Cassel has been recognized as a 2019 Superstar by Attorney At Law Magazine and will be featured on the front cover.
Hillary Cassel has been recognized as a 2019 Top Rated Lawyer and National Legal Leader in Insurance Law by The American Lawyer magazine and the National Law Journal.
Analysis and Interpretation by Michael A. Cassel
On July 24, 2019, the Third District Court of Appeal released their decision in State Farm Florida Insurance Company v. Charles and Diana Sanders,[1] (hereinafter "Sanders"). The Sanders opinion discusses whether a public adjuster can act as a disinterested appraiser. Hillary Cassel and Michael Cassel have both been named as 2019 Rising Stars by Super Lawyers Magazine. This marks the third consecutive year for Michael and fifth consecutive year for Hillary.
The law firm of Cassel & Cassel, P.A., has expanded by adding Attorney Christy Brigman to the practice. Founded by Hillary Cassel and Michael Cassel, Cassel & Cassel, P.A., is a boutique firm dedicated solely to the representation of residential and commercial policyholders in property damage insurance claims from pre-suit assistance to litigation through trial.
Analysis and Interpretation by Michael A. Cassel
On May 8, 2019, the Fourth District Court of Appeals released their decision in Hershel Bryant and Betty Bryant v. GeoVera Specialty Insurance Company (hereinafter "Bryant"). The Bryant opinion discusses the payment of an appraisal award in suit operating as a confession of judgment and serving to ripen bad faith as well as the denial of payment operating as a waiver of compliance with post-loss conditions – namely the proof of loss requirement. |
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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.
*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.