August 8, 2024
ShareKelley Kronenberg Secures Nominal Settlement in Wind Loss Claim
Partner Danielle Wallis of Kelley Kronenberg’s First-Party Property Division, with invaluable support from legal assistant Natasha Martin-Smith, achieved a remarkable outcome for Citizens in a recent wind loss claim case in Miami-Dade County.
The plaintiff initially sought over $121,000.00 in damages for an alleged wind loss under a homeowners insurance policy. Facing a potential exposure of $150,000.00, Danielle crafted a strategic defense, arguing that the claimed damages predated the reported loss.
Key to the defense strategy was challenging the plaintiff’s expert testimony. Danielle filed a Daubert motion to strike the expert’s testimony, which relied on unverified weather data and an inspection conducted nearly two years post-incident.
On the morning of the scheduled Daubert hearing, the plaintiff’s counsel proposed a substantially reduced five-figure settlement, which Danielle skillfully negotiated this down to just $1,000.00, inclusive of fees and costs.
This outcome represents a significant victory for Citizens, reducing a six-figure claim to a nominal settlement and avoiding potentially costly litigation. The case underscores the effectiveness of thorough preparation, strategic motion practice, and adept negotiation in resolving complex insurance disputes.
Danielle credits the prompt and efficient case management by Natasha as crucial in solidifying the defense strategy through timely scheduled hearings and depositions.
Stay abreast of the most current developments in First-Party Property Insurance law with our newsletter, “In the Know: First-Party Property Edition.” Read the latest issue here.
Interested in reading more wins by Kelley Kronenberg’s First-Party Property Team? Click here.