May 20, 2025
ShareKelley Kronenberg Secures Complete Defense Victory in Hurricane Ian Arbitration
Kelley Kronenberg’s First-Party Property team of Attorney Alexis Garcia, Partner/Business Unit Leader Matthew Strauss, with Legal Assistant Natalie Wilson-Swaby, secured a complete defense victory for American Integrity Insurance Company in Lee County Circuit Court, successfully defeating a Hurricane Ian claim seeking approximately $120,000.00 in damages.
The case involved a Cape Coral property where American Integrity had previously inspected and issued coverage for the loss. Dissatisfied with this assessment, the plaintiff filed a suit alleging breach of contract and underpayment.
Following a non-binding arbitration on November 25, 2024, the arbitrator found in favor of American Integrity, determining that the plaintiff had failed to comply with the policy’s loss settlement provisions by not providing evidence of repairs or payment of the roof deductible. The arbitrator issued a $0 award, concluding that the plaintiff’s public adjuster’s estimate was overstated and exceeded the scope of coverage.
When the plaintiff’s counsel attempted to move the case to trial, our team identified a critical procedural error: their filing did not include the required “Notice of Rejection of the Arbitration Decision” language mandated by Florida Rule of Civil Procedure 1.820. Additionally, despite claiming to have filed within the 20-day deadline, plaintiff’s counsel had miscalculated and filed late.
Alexis and Matthew promptly moved for judgment in conformance with the arbitration decision. Judge Keith Kyle agreed with our position and entered final judgment for American Integrity. When plaintiff’s counsel subsequently moved for reconsideration, claiming excusable neglect due to miscalculation of the filing deadline, Judge Kyle rejected this argument and upheld the final judgment.
In a further victory, Judge Kyle granted our motion for entitlement to attorney’s fees and costs based on a previously filed proposal for settlement, allowing for potential recovery of defense costs.
This outcome demonstrates the importance of meticulous attention to procedural requirements and deadlines in insurance litigation, and the value of strategic motion practice in securing favorable results for clients.
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