November 18, 2024
ShareKelley Kronenberg Secures Dismissal After Uncovering Overlooked Evidence
Kelley Kronenberg Partners Kathrine Conroy and Michael Colgan secured a significant victory for Citizens Property Insurance Corporation in Orange County, Florida, through astute legal analysis that previous counsel had overlooked. After inheriting a case that had been in litigation for years, our legal team discovered critical evidence in the plaintiff’s own engineering report that definitively supported the carrier’s coverage position.
Within just one month of receiving the transferred case, our attorneys identified that the plaintiff’s expert evidence actually validated Citizens’ denial bases, including wear/tear and pre-existing damage – a crucial detail that had gone unnoticed throughout years of litigation. This revelation came as a welcome surprise to Citizens, who had been unaware that their position was supported by the plaintiff’s own evidence.
Following an unsuccessful mediation, our team strategically filed a Section 57.105 motion, resulting in a no-pay dismissal with prejudice the day before the safe harbor period expired. The case, which sought approximately $20,000.00 in indemnity plus attorney’s fees and carried an estimated $50,000.00 exposure, was resolved without any payment to the plaintiff. Our firm is currently pursuing reimbursement of fees and costs, further demonstrating our commitment to protecting our client’s interests.
This successful outcome not only eliminated significant exposure for our client but also highlighted Kelley Kronenberg’s superior analytical capabilities and strategic approach to complex insurance litigation.
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