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Firm News
![]() Daniell, Upton, Perry, & Morris P.C. moved to the Eastern Shore of Baldwin County, Alabama in June 2002 after construction of its present office located on Malbis Plantation Parkway just north of I-10. The Firm relocated to Baldwin County from downtown Mobile to provide quicker access to the Firm’s clients in Florida and along the Alabama Gulf Coast. Since the Firm moved to Baldwin County, the area around the office continues to change. The Eastern Shore Centre opened directly across from the Firm and has played a significant role in the expansion of the Spanish Fort area. For information concerning this new development and employment opportunities in this area, see www.easternshorecentre.com. On September 20, 2007, the case of Florida Farm Bureau Casualty Insurance Company v. Cox before was decided by the Florida Supreme Court in Tallahassee, Florida. The case is of great importance to policyholders, attorneys, and claims representatives handling Hurricane Ivan claims in the Florida panhandle since the Supreme Court overruled the decision rendered by the Fourth District in Mierzwa v. Florida Windstorm Underwriting Assn., 877 So. 2d 774 (Fla. 4th DCA 2004). The outcome of the Cox case and a class-action suit also pending affects over 300 lawsuits filed in Escambia County and Santa Rosa County involving insurance claims made pursuant to Florida’s Valued Policy Law. One of the Firm’s partners, Mark J. Upton has acted as lead counsel in the Cox case and currently represents carriers in about 50 cases involving these same issues decided by the Florida Supreme Court. In a unanimous decision, the Supreme Court held that the VPL was intended to address only matters of valuation and not causation, and determined that Hurricane Ivan damage caused by flooding or storm surge was clearly excluded by homeowners’ policies in force at the time of the hurricane. The decision in Cox followed three years of litigation, and Daniell, Upton, Perry & Morris was honored to be at the forefront of this important issue on behalf of Florida Farm Bureau.
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