July 1, 2024

Kelley Kronenberg Secures AOB Dismissal in Hurricane Ian Insurance Dispute

Kelley Kronenberg’s first-party property team of Attorney Christy Curras and Partner/Business Unit Leader Scott Dornstein recently secured a significant victory for our insurance company client. The presiding judge within Florida’s 9th Judicial Circuit Court in Orange County granted our Motion to Dismiss with Prejudice in a Hurricane Ian property damage lawsuit. 

The case stemmed from alleged property damage caused by Hurricane Ian. After investigating the claim, the carrier denied coverage. The plaintiff’s counsel subsequently filed a Notice of Intent to Initiate Litigation, claiming $32,821.57 in damages based on an estimate from a roofing company. The insurance company rejected a pre-suit settlement demand, standing firm on its initial denial. The plaintiff then filed a breach of contract lawsuit, seeking damages up to $50,000.00, exclusive of interest, attorneys’ fees, and costs. 

Our team employed an aggressive strategy, filing a Motion to Dismiss with Prejudice based on an invalid Assignment of Benefits (AOB). We argued that the plaintiff’s AOB failed to comply with Florida Statutes 627.7152(7)(a) and 627.7152(7)(b) by including recovery for “depreciation,” which is not contemplated under the statute. This non-compliance rendered the AOB invalid, resulting in the plaintiff’s lack of standing to pursue the claim. 

The Court agreed with our arguments and granted the Motion to Dismiss with Prejudice. This favorable outcome was the result of excellent teamwork within our firm. Attorney Christy Curras conducted thorough research and drafted the motion, while Scott Dornstein delivered compelling oral arguments at the hearing. By identifying and leveraging the technical deficiencies in the plaintiff’s case, our team was able to secure a dismissal without the need for protracted litigation, saving our client valuable time and resources. 

Interested in reading more wins by Kelley Kronenberg’s First-Party Property Team? Click here: https://www.kelleykronenberg.com/category/case-win/ 

Learn more about our First-Party Property Insurance Defense practice here: https://www.kelleykronenberg.com/our-practices/first-party-insurance-defense-coverage-bad-faith/  

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