January 1, 2025
ShareKelley Kronenberg Prevails in Tropical Storm Property Damage Case
Kelley Kronenberg Attorney Lindsey Stadnik secured summary judgment in Broward County Circuit Court, successfully defending Citizens Property Insurance Corporation in a property damage lawsuit with an estimated exposure of $60,000.00 including attorneys’ fees and costs.
The plaintiffs filed a suit alleging breach of contract related to claimed wind and interior damage from Tropical Storm Eta in November 2020. The claim, reported more than 200 days after the alleged loss, was initially denied after Citizens’ investigation revealed no storm-created openings or related damages.
Lindsey successfully demonstrated that the plaintiffs failed to meet their burden of proving a covered peril created an opening allowing water intrusion. While the plaintiffs attempted to oppose summary judgment with an engineer’s affidavit, she established that the evidence was fatally flawed: the engineer inspected the property almost four years after the loss, relied on wind data from over ten miles away, and provided only conclusory statements without property-specific analysis or supporting documentation.
Judge Jennifer Hilal agreed, finding the plaintiffs’ evidence to be “conclusory and pure speculation” that could not be relied upon as summary judgment evidence. The Court granted final judgment in favor of Citizens, protecting the insurer from $60,000.00 in potential exposure.
Through strategic motion practice and detailed analysis of the evidence, Lindsey secured a complete victory that protected the client from substantial exposure while avoiding costly litigation.
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