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Analysis of New Case Law re: Replacement Cost Value, Actual Cash Value, and Matching

Posted by Michael A. Cassel | Mar 20, 2020 | 0 Comments

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.

Revisiting Alvarez v. State Farm: What does it really mean?

Posted by Michael A. Cassel | Mar 16, 2020 | 0 Comments

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.

Cassel & Cassel, P.A., adds Attorney Christy Brigman to the practice

Posted by Michael A. Cassel | May 20, 2019 | 0 Comments

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 of New Case Law re: Confession of Judgment, Waiver of the Sworn Proof of Loss Requirement, and Ripening Bad Faith

Posted by Michael A. Cassel | May 16, 2019 | 0 Comments

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.

Analysis of New Case Law re: Intent as an Element when Voiding Coverage based on False Statements or Material Misrepresentations 2019

Posted by Michael A. Cassel | Apr 24, 2019 | 0 Comments

Analysis and Interpretation by Michael A. Cassel

On April 17, 2019, the Third District Court of Appeals released their decision in Jose Alvarez and Hilda Alvarez v. State Farm Florida Insurance Company (hereinafter "Alvarez"). The Alvarez opinion discusses whether a verdict in favor the insureds should be invalidated based on the jury’s finding that the insureds intentionally and materially misrepresented the extent of the loss.

Analysis of New Case Law re: Compliance with Post-Loss Conditions and Appraisal

Posted by Michael A. Cassel | Apr 22, 2019 | 0 Comments

Analysis and Interpretation by Michael A. Cassel

On April 17, 2019, the Third District Court of Appeals released their decision in Safepoint Insurance Company v. Daisy Sousa (hereinafter "Sousa"). The Sousa opinion discusses the requirement of compliance with post-loss conditions, namely the request for a Sworn Proof of Loss (hereinafter “SPOL”), prior to the ripeness of appraisal.

Analysis of New Case Law re: the Scope of Appraisal when Coverage is Partially Denied

Posted by Michael A. Cassel | Jul 27, 2018 | 0 Comments

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, (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.

Analysis of New Case Law re: Overcoming the Presumption of Prejudice caused by Failure to Provide Prompt Notice

Posted by Michael A. Cassel | May 29, 2018 | 0 Comments

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 (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.

Analysis of New Case Law re: Ambiguities in the Constant/Repeated Seepage Defense

Posted by Michael A. Cassel | Feb 24, 2018 | 0 Comments

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 (hereinafter "Hicks"). 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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