July 29, 2024

Kelley Kronenberg Secures Dismissal in Kitchen Sink Leak Claim

Kelley Kronenberg Attorney Coral Lerner and Partner/Business Unit Leader Scott Dornstein of the firm’s First-Party Property Insurance Defense Division achieved a significant victory for State Farm in a recent case in Florida’s Ninth Judicial Circuit in and for Orange County. 

The plaintiffs filed a breach of contract action against State Farm, seeking $34,102.44 in damages for an alleged kitchen sink leak. State Farm had initially denied the claim based on an engineer’s report confirming the long-term nature of the damage and attributing it to a lack of sealant around the faucet, sink, and backsplash. 

Coral and Scott mounted a robust defense, citing long-term seepage and leakage, wear and tear, deterioration, neglect, faulty workmanship, and late notice. Their strategy leveraged the engineer’s findings and the plaintiffs’ own deposition testimony, which revealed that the leak stopped after they applied caulk to the affected areas. 

Our team’s thorough preparation and compelling arguments led to a favorable outcome. A week before the scheduled Motion for Summary Judgment hearing, the plaintiff’s counsel filed a Notice of Voluntary Dismissal without prejudice. This result saved State Farm from a potential exposure of at least $40,000.00. 

By effectively combining technical evidence with the plaintiffs’ own admissions, Coral and Scott successfully defended against an unwarranted claim, demonstrating our First-Party Property Insurance Defense Team’s commitment to vigorous and effective representation in property insurance disputes. 

Click here to discover how Kelley Kronenberg’s First-Party Property Insurance Defense team leverages expert findings and strategic depositions to secure dismissals and protect our clients from unwarranted claims. 

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