June 28, 2023

Kelley Kronenberg Negotiates Settlement In Which Plaintiffs Are Obliged To Pay Defendant

Kelley Kronenberg Partner, Alan Swindoll, proceeded to mediation on an untimely reported Hurricane Irma claim, in which the main issue for trial was whether Plaintiffs complied with their post-loss obligations prior to filing suit.  

In our client’s defense, Mr. Swindoll argued Plaintiffs had no witnesses for trial and were, therefore, at risk of paying our attorneys’ fees. Faced with this proposition, Plaintiffs attempted to secure a walk-away agreement with the carrier paying a nominal sum in exchange for a dismissal with prejudice. As this would have revived the carrier’s expired Proposal for Settlement, Mr. Swindoll flipped the argument, arguing Defendant would recover our fees and costs if the case did not reach settlement, thus Plaintiffs should be the party to pay a nominal sum in exchange for settlement.  

Mr. Swindoll’s strategy was successful. At mediation, he negotiated an agreement that provided Plaintiffs would pay the insurance carrier a nominal sum and dismiss their case with prejudice, extinguishing the claim for $40,000.00 in damages.