BESELER v. AVATAR PROPERTY & CASUALTY

No. 4D18-3148.

291 So.3d 137 (2020)

Joan BESELER and Lucille Beseler, Appellants, v. AVATAR PROPERTY & CASUALTY INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Fourth District.

March 4, 2020.


Attorney(s) appearing for the Case

George A. Vaka and Robert C. Hubbard of the Vaka Law Group, P.L., Tampa, and Kelly L. Kubiak and Eric W. Dickey of the Merlin Law Group, P.A., Tampa, for appellants.

Kara Rockenbach Link and Daniel M. Schwarz of Link & Rockenbach, P.A., West Palm Beach, and Michael Rudd and Peter Diamond of Rudd Diamond, P.A., Hollywood, for appellee.


The insureds, Joan and Lucille Beseler, appeal the trial court's dismissal of their property insurance lawsuit for fraud upon the court. We reverse the order dismissing their claim and remand for further proceedings, because the insurer failed to establish by clear and convincing evidence that the insureds engaged in a scheme to defraud...

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