July 11, 2024
ShareKelley Kronenberg Obtains Nominal Settlement for State Farm on Eve of AOB Dismissal Hearing
Kelley Kronenberg Attorney Samuel Jacobs and Scott Dornstein of the firm’s First Party Property Division recently achieved a significant victory for our client, State Farm, in a case that underscores the importance of understanding Florida’s statutes governing the assignment of benefits (AOB) in property damage claims.
Samuel and Scott successfully navigated a complex case involving a plaintiff who sued State Farm as an assignee of benefits. The dispute centered around invoices totaling $9,434.31 for roof tarping and water damage mitigation.
Our legal team swiftly identified that the plaintiff’s claim exceeded the $3,000.00 statutory limit for emergency services under an AOB, as stipulated in Florida Statutes section 627.7152. Armed with this knowledge, they filed a Motion to Dismiss, arguing that the plaintiff’s work fell within the statute’s definition of emergency services.
Faced with a total estimated exposure of nearly $15,000.00, our attorneys employed strategic negotiation tactics. They filed a Proposal for Settlement for $3,000.00, inclusive of all attorney’s fees and costs. This proactive approach, combined with our strong legal position, led to the claim’s resolution for a fraction of the exposure just days before the scheduled hearing.
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