October 19, 2023
ShareKelley Kronenberg First-Party Team Aggressively Defends Case, Prompting Voluntary Dismissal
The aggressive and effective advocacy of Kelley Kronenberg Attorney, George Cappello, alongside Partner, Scott Dornstein, led to a Notice of Voluntary Dismissal in this first-party property insurance defense case, filed in Florida’s Seventh Judicial Circuit.
This notable case centered around an original insurance claim for tree branch damage, which fell below the deductible threshold. What followed was a series of Notices of Intent (NOIs) from the plaintiff, filed for various damages, prompting our client to request the reporting of a new claim. The new claim was never filed, and it eventually surpassed the statute of limitations.
Recognizing the significance of this situation, Cappello and Dornstein responded swiftly by filing a Motion for Sanctions. Their motion highlighted the plaintiff’s non-compliance with statutory requirements and sought a voluntary dismissal of the claim. While the opposing counsel initially pushed for a settlement, our defense team remained resolute in their position, defending our client’s interests with unwavering determination.
The heart of the dispute revolved around the plaintiff’s demand for a complete roof replacement, a claim that was expertly and justly contested by George Cappello and Scott Dornstein. Additionally, their thorough examination of the statute of limitations confirmed that the plaintiff was barred from refiling the claim, solidifying our legal victory.
George Cappello and Scott Dornstein have once again proven their mettle as formidable champions in the field of insurance defense. Their victory in this case is a testament to their dedication to justice and their unwavering commitment to protecting our clients’ interests.