May 30, 2025
ShareKelley Kronenberg Secures Appellate Victory in Notice of Intent Case
Kelley Kronenberg Partner and Business Unit Leader Andrew Labbe secured a significant appellate victory for Homeowners Choice Insurance Company when Florida’s Third District Court of Appeal affirmed a trial court’s dismissal of a property insurance lawsuit based on statutory non-compliance.
The case originated when the plaintiff filed a Hurricane Ian claim seeking approximately $100,000.00 in damages. Homeowners Choice successfully moved to dismiss the complaint at the trial court level, arguing that the plaintiff’s Notice of Intent (NOI) failed to comply with Florida Statute 627.70152, which requires an itemized breakdown of damages.
When the plaintiff appealed the dismissal, they argued that the trial court erred in considering the NOI because it was outside the four corners of the complaint, and that their general allegation of compliance with conditions precedent should have defeated the motion to dismiss.
Andrew crafted a compelling appellate brief demonstrating that the trial court properly considered the Notice of Intent because it was both attached to and incorporated into the complaint. Most importantly, he showed that the NOI’s failure to include the statutorily required itemized damage breakdown made dismissal appropriate under the plain language of the statute.
During the appellate process, Andrew also moved to dismiss the appeal as it sought review of a non-final order. In response, the plaintiff obtained a dismissal with prejudice from the trial court, which strategically prevented them from refiling the lawsuit.
The Third District Court of Appeal affirmed the trial court’s decision, validating both the original dismissal and Andrew’s appellate strategy. This outcome not only protected Homeowners Choice from the $100,000.00 claim but also established favorable precedent regarding the strict interpretation of Notice of Intent requirements under Florida law.
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