May 7, 2025
ShareKelley Kronenberg Secured Defense Verdict in Hurricane Ian Jury Trial
Kelley Kronenberg Partner and Business Unit Leader Andrew Labbe and Attorney Morgan Islam secured a complete defense verdict for Homeowners Choice Insurance Company following a jury trial in Hillsborough County, successfully defending against a Hurricane Ian claim with potential exposure exceeding $100,000.00, plus attorney’s fees and costs.
The case involved a homeowner’s claim for alleged roof damage and interior water intrusion supposedly caused by Hurricane Ian. The carrier had denied the claim, determining that the roof damage resulted from excluded causes including wear and tear and installation issues, and that no storm-created opening had allowed water to enter the home’s interior.
At trial, Andrew and Morgan built a compelling defense case focused on two key elements: establishing that the roof damage fell within policy exclusions and demonstrating that the plaintiff failed to meet their burden of proving a storm-created opening caused the interior water damage.
Through expert testimony and detailed analysis of the property’s condition, the defense team effectively illustrated that the roof issues predated the hurricane and resulted from long-term deterioration and improper installation rather than wind damage. Additionally, they presented evidence challenging the plaintiff’s assertion that the interior water intrusion occurred through an opening created during the storm.
The jury deliberated and returned with a complete defense verdict, finding both that the carrier had met its burden to prove all roof damage was excluded under the policy and that the plaintiff failed to establish that interior water damage occurred through a storm-created opening.
This significant trial victory not only protected the carrier from substantial financial exposure but also establishes important precedent for the defense of similar hurricane claims where causation is contested.
Special thanks to Nicole Gahrman, the corporate representative from Homeowners Choice, whose guidance throughout the case and crucial testimony at trial were instrumental in achieving this successful outcome.
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