September 9, 2024
ShareKelley Kronenberg Secures “Walk Away” Settlement in Property Insurance Case
Kelley Kronenberg Secures “Walk Away” Settlement in Property Insurance Case
Kelley Kronenberg Attorney Christina Mitchelson of the firm’s First-Party Property Insurance Defense Division recently obtained a favorable settlement for Citizens Property Insurance Corporation through legal analysis and negotiation skills. The case, which took place in Sarasota, Florida, demonstrates Mitchelson’s dedication to conducting thorough discovery.
The matter began with a claim against Citizens Property Insurance Corporation. The plaintiff initially demanded more than $244,000.00 for an alleged breach of contract. However, Mitchelson’s investigation uncovered a flaw in the plaintiff’s case that had been previously gone undetected.
During her analysis of the case, Mitchelson discovered that the alleged date of loss fell within a period when the policy was out of force due to non-payment. This detail had been missed in the initial claim adjustment.
Upon identifying this issue, Mitchelson conducted targeted discovery to solidify the facts of the case. Through this process, she built an argument that the insured did not have coverage on the date of loss.
Faced with Mitchelson’s case and the prospect of a dispositive motion, the plaintiff voluntarily dismissed the case. Mitchelson negotiated that this dismissal be filed with prejudice. This resolution cost Citizens Property Insurance $0 in indemnity, reducing their exposure from over $244,000.00 to nothing.
Thank you, Citizens Property Insurance Corporation, for the trust placed in Christina Mitchelson and the firm.
For additional successes and details about our first-party property insurance defense practice, click here.
Stay abreast of the latest developments in first-party property insurance law with our newsletter, “In the Know: First-Party Property Appellate Edition.” Get the latest edition here.