August 16, 2024
ShareKelley Kronenberg Secures Defense Verdict in Windstorm Damage Claim
Kelley Kronenberg Attorney Kathryn Thomson of the firm’s First-Party Property Division recently achieved a significant victory for State Farm Florida Insurance Company.
The case, pending before Florida’s 20th Judicial Circuit in Lee County, involved homeowners who filed a claim for insurance benefits under their homeowners’ policy, alleging roof damage due to windstorm. Initially, State Farm denied the claim based on an inspection that found no evidence of windstorm damage, attributing any observed issues to wear and tear, deterioration, improper maintenance, and pre-existing damage.
Following the denial, the homeowners filed a breach of contract lawsuit, seeking damages in excess of $62,000.00. Kathryn responded with a robust defense strategy, arguing that the damages were pre-existing from Hurricane Irma, and any additional issues were due to wear and tear, deterioration, and improper maintenance.
A key element of Kathryn’s strategy was highlighting that the insureds had previously filed a Hurricane Irma claim and received coverage for a new roof. Our investigation revealed that while some shingle repairs had been made, a full roof replacement was never completed following Hurricane Irma. During the non-binding arbitration, Kathryn effectively demonstrated through the field adjuster’s photographs that the alleged roof damage in the current claim was identical to the damages claimed in the Hurricane Irma incident.
This strategic presentation of evidence proved decisive. The arbitrator awarded a full defense verdict, validating State Farm’s original denial of the claim. Faced with this outcome, the plaintiffs requested a walk-away settlement, and a dismissal with prejudice has since been filed.
For additional successes and details about our first-party property insurance defense practice, click here.
Stay abreast of the latest developments in first-party property insurance law with our newsletter, “In the Know: First-Party Property Appellate Edition.” Get the latest edition here.