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Analysis of New Case Law re: Dual Track Appraisal

Posted by Michael A. Cassel | Feb 02, 2024 | 0 Comments

On February 1, 2024, the Supreme Court of Florida released its decision in American Coastal Insurance Company v. San Marco Villas Condominium Association, Inc. The San Marco opinion discusses, and attempts to resolve, the longstanding conflict between Florida appellate courts related to the completion of appraisal when coverage issues exist.

Analysis of New Case Law re: Presuit Notice Requirements

Posted by Michael A. Cassel | May 03, 2023 | 0 Comments

On May 3, 2023, the Fourth District Court of Appeals released their decision in Cole v. Universal Property and Casualty Insurance Company.  The Cole opinion discusses the retroactive application of pre-suit notice requirement enact as part of section 627.70152, Florida Statutes.  While a more in-depth analysis of Senate Bills 76 (2021) and 2-A (2023) is forthcoming, this immediate preliminary examination is necessary due to the potential implications of the opinion.

Analysis of New Case Law re: the Supreme Opinion on Public Adjusters acting as "Disinterested" Appraisers

Posted by Michael A. Cassel | Feb 10, 2023 | 0 Comments

On February 9, 2023, the Supreme Court of Florida released their decision in Parrish v. State Farm Florida Insurance Company.  The Parrish opinion firmly states that a public adjuster, including the president of a public adjusting company, cannot serve as a “disinterested" appraiser if they have a pecuniary interest in the outcome of the appraisal.

Analysis of New Case Law re: Mitigating Factors in the Late Notice/Prejudice Analysis

Posted by Michael A. Cassel | Jan 31, 2023 | 0 Comments

On January 27, 2023, the Second District Court of Appeals released their decision in Cordero v. Florida Insurance Guaranty Association, Inc. While the case law regarding prompt notice of an insurance claim seems all but settled, the Cordero opinion expands upon the analysis as it pertains to when an insured must place the carrier on notice of a claim.

Cassel & Cassel has three attorneys recognized in Florida Super Lawyers Magazine for the second consecutive year

Posted by Michael A. Cassel | Jun 24, 2022 | 0 Comments

Hillary CasselMichael Cassel , and  Alex Zatik have all been featured in the 2022 edition of Florida Super Lawyers Magazine. Hillary was named as a Florida Super Lawyer for the second year in a row after six consecutive years as a Rising Star. Michael and Alex were both named as Rising Stars. This marks the sixth consecutive year for Michael and the second consecutive year for Alex.

Analysis of New Case Law re: the Burden of Proving Prejudice

Posted by Michael A. Cassel | Apr 20, 2022 | 0 Comments

On April 13, 2022, the Fourth District Court of Appeals released their decision in Sharon Godfrey v. People’s Trust Insurance Company,[1] (hereinafter "Godfrey"). The Godfrey opinion discusses a shift in the burden to prove prejudice as it pertains to the failure to comply with conditions precedent to coverage in a homeowners insurance policy.

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