December 20, 2022

Kelley Kronenberg Secured Summary Judgment Saving Carrier Over $100,000.00

Kelley Kronenberg attorney, AlaEldean Elmunaier, asserted and prevailed upon Defendant’s Motion for Summary Judgement, securing a complete defense win in this Hurricane Irma claim with claimed damages in excess of $100,000.00. The Honorable Hugh D. Hayes presided. 

Following Hurricane Irma, on September 10, 2017, Plaintiffs became aware of damage to various areas of their home, including the roof, lanai, and garage. Rather than promptly reporting the claim, Plaintiffs opted to perform a series of repairs to the alleged damages, and finally advising the carrier of their loss on May 18, 2020.  The Plaintiffs failed to perform other duties after a loss, such as ignoring several requests for information and documentation, such as completing the sworn proof of loss. 

The carrier denied the claim based upon Plaintiffs’ failure to promptly report the claim, numerous prior repairs to the claimed damages prior to reporting the claim, and failure to respond to requests for relevant documents, such as, a sworn proof of loss. In response to Defendant’s Motion, Plaintiffs submitted an affidavit from their engineer which the Court found to be wholly conclusory and inadequately supported, failing to account for the homeowners’ prior repairs.  

The Court found the Defendant met their directed verdict standard and evidence of prejudice. In turn, the Court ruled that the report of Plaintiff’s engineer was insufficient to create a genuine issue of material fact sufficient to overcome this prejudice. While Plaintiffs argued the failure to provide prompt notice should be excused due to not being fully aware of the extent of the damages, the Court rejected this assertion, granting Summary Judgement for the defendant.  

By prevailing on Defendant’s Motion for Summary Judgment, AlaEldean Elmunaier saved the carrier more than $100,000.00 in potential exposure and cemented its entitlement to recoup attorney’s fees and costs.