October 19, 2023

Kelley Kronenberg Saves Client Over $400k by Prevailing on Motion for Summary Judgment

Kelley Kronenberg Partner, Michael Colgan, obtained a final summary judgment involving a property damaged by a months-long leak from an air-conditioning system. Michael Colgan skillfully contested the Plaintiffs’ claims, successfully preventing damages exceeding $400,000. The Honorable Vincent S. Chiu of Florida’s Ninth Judicial Circuit presided over the proceedings.  

This case involved extensive property damage from a months-long leak from an air-conditioning system. During the proceedings, Plaintiffs conceded that the leak from the air-conditioning drain line persisted over an extended period, leading to the decay of the wooden sub-floor in the affected property. The primary point of contention raised by Plaintiffs revolved around whether the initial leak could be considered a covered loss, even if the longer-term leaking was excluded under the Policy. 

Drawing on the legal precedent set by Hoey v. State Farm Florida Insurance Company, Mr. Colgan’s argument emphasized the exclusion of any loss resulting from a leak that occurs or develops over an extended duration. Plaintiffs contested the ambiguity of this language and attempted to invoke the findings in Hicks v. American Integrity Insurance Company of Florida, striving to establish that the initial loss from a prolonged water leak should be covered. However, the Court ruled in our client’s favor, citing Plaintiffs’ failure to provide any evidence supporting the claim of damage from the initial leak, leading to the granting of summary judgment to Defendant. 

Our gratitude extends to State Farm Florida Insurance Company for their trust and collaboration throughout this challenging case.