July 2, 2024

Kelley Kronenberg Appellate Victory Reinforces Compliance Requirements in Property Insurance Litigation

Kelley Kronenberg Partner/Business Unit Leader Kimberly Fernandes secured a significant appellate victory, building upon the prior success of Partner/Business Unit Leader Matthew Strauss in obtaining a dismissal at the trial level. This win for our client, American Integrity Insurance Company of Florida, reinforces the importance of procedural compliance in property insurance litigation and showcases our firm’s strength in both trial and appellate practice.  

The case originated in Broward County Circuit Court, where Matt successfully argued for dismissal of a breach of contract lawsuit. The plaintiffs, homeowners seeking approximately $50,000 in damages plus attorney fees and costs for alleged Hurricane Irma-related property damage, failed to comply with Florida Statute 627.70152. This statute requires claimants to file a Notice of Intent to Initiate Litigation with the state before proceeding with a lawsuit.  

The plaintiffs’ counsel challenged the dismissal, arguing that the statute did not apply based on the timing of the lawsuit and insurance policy period. However, Kim effectively demonstrated that a previous Fourth District Court of Appeal decision supported our client’s position.  

The Fourth District Court of Appeal affirmed the trial court’s dismissal per curiam, solidifying the interpretation that Florida Statute 627.70152 applies based on the filing date of the lawsuit, not the policy period. This decision effectively ended the case, as the statute of limitations had expired, preventing the plaintiffs from refiling.  

This victory saved our client from potential damages and legal fees and reinforced the critical nature of procedural compliance in insurance litigation. It serves as a reminder to all parties in such disputes of the importance of adhering to statutory requirements before initiating legal action. 

Learn more about the firm’s Appellate Division by clicking here: https://www.kelleykronenberg.com/our-practices/appeals/  

For more information about our First-Party Property Insurance Defense practice, click here: https://www.kelleykronenberg.com/our-practices/first-party-insurance-defense-coverage-bad-faith/  

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: https://www.kelleykronenberg.com/newsletter/first-party-property-newsletter-april-may-2024-edition/  

Interested in reading more wins by Kelley Kronenberg’s First-Party Property Team? Click here: https://www.kelleykronenberg.com/category/case-win/