AMENDED: Kelley Kronenberg Secures Summary Judgment on Unjust Enrichment Counterclaim Against AOB Company
Clarification: This release amends our January 9, 2026 announcement to accurately reflect the Court’s ruling.
Kelley Kronenberg Partner/Business Unit Leader Jake D. Huxtable and Practice Partner Zachary A. Schiffman secured summary judgment on an unjust enrichment counterclaim for First Protective Insurance Company d/b/a Frontline Insurance, with the Court ordering assignment of benefits company SFR Services LLC to repay $32,810.72 in overpayments.
The scheme started in September 2018 when SFR Services acquired an assignment of benefits to file a hurricane damage claim for a Coral Springs property. SFR subcontracted Three Guys Roofing to replace the roof for $53,193.00, yet submitted estimates to Frontline ranging from $128,428.63 to $164,381.07.
SFR then sued Frontline for breach of contract. Jake handled the contentious defense over several years of complex litigation. Through aggressive discovery, he uncovered evidence of SFR’s conduct and filed counterclaims for fraudulent misrepresentation, civil theft, and unjust enrichment.
Jake prevailed on summary judgment, defeating SFR’s entire breach of contract case. The Court found Frontline could not have breached the policy because the carrier had acknowledged coverage and issued payment totaling $95,263.72 before SFR ever filed suit.
With the primary threat eliminated, Jake brought in Zach to pursue the counterclaims. Their motion laid out the pattern: SFR received $86,763.72 from Frontline (after the $8,500 deductible), paid Three Guys Roofing $53,193.00, and retained the $32,810.72 difference.
The Court granted summary judgment on the unjust enrichment counterclaim, finding it “would be inequitable and unjust for SFR to retain” the overpayment. The Court rendered Frontline’s fraudulent misrepresentation claim moot, as both counts sought identical damages now awarded through unjust enrichment.
The fight continues. Frontline’s civil theft counterclaim remains pending with trial set for January 2026. Success could trigger treble damages under Florida Statute §772.11—potentially increasing the recovery to $98,432.16.
This outcome offers a litigation blueprint for carriers facing AOB abuse. When discovery reveals inflated invoicing and concealed actual costs, counterclaims can shift the entire dynamic, turning exposure into recovery.
Jake and Zach’s work showcases how skilled attorneys can transform years of complex litigation from a defensive battle into an offensive victory, protecting their client and recovering funds while setting precedent for future AOB cases.