January 4, 2024Share
Kelley Kronenberg Negotiates Nominal Settlement in AOB Case
Partner, Sunita N. Smith, recently secured a significant victory for our insurance company client in a case pending before Judge Andrea K. Totten in Florida’s Flagler County Court. The matter at hand was a Breach of Contract action, with the plaintiff seeking $2,500 plus fees and costs based on their claim for work performed at the insured’s property.
Nita strategically employed defenses under §631.57 and §627.7152 of the Florida Statutes (2023). These defenses proved crucial, as the Assignment of Benefits (AOB) contract presented by the plaintiff was signed after the insureds had received notice of policy non-renewal and after the claim had been rightfully denied. Moreover, it was established that the underlying claim was not covered by the policy, absolving our client of any liability.
The plaintiff, undeterred by the solid legal footing of our defenses, initially submitted a demand of $10,500.00 and steadfastly maintained this figure until Nita filed a Motion to Dismiss. Confident in her position, Nita set the deadline for accepting her settlement offer at $250.00, positioning it strategically the day before the Motion to Dismiss hearing.
This calculated move prompted the plaintiff’s counsel to reassess her position. Acknowledging the weak foundation of her case, the plaintiff’s counsel accepted Nita’s offer, highlighting the monetary loss incurred by their firm due to the $400.00 filing fee.
Nita’s effective legal strategy and skilled negotiation tactics led to a significant victory for our client, settling the case for a small fraction of the initial demand.