September 5, 2025
ShareKelley Kronenberg Secures Dismissal in Bathroom Water Damage Case
Kelley Kronenberg Practice Partner Nadine Mathieu secured a complete victory for Citizens Property Insurance Corporation in Lee County, obtaining voluntary dismissal with prejudice of a bathroom water damage claim seeking approximately $20,000.00.
The case involved a homeowner who reported damage to her bathroom vanity from an alleged water leak occurring on November 18, 2022. Citizens had properly denied coverage after their field adjuster’s investigation revealed that the observed damage to the bathroom vanity was long-term and age-related rather than resulting from a sudden and accidental occurrence.
Nadine’s defense strategy focused on two key evidentiary issues that undermined the plaintiff’s case. First, she established through the field adjuster’s findings that the damage predated the reported loss date and resulted from normal wear and deterioration over time rather than a covered peril under the policy.
Second, and perhaps more critically, Nadine demonstrated that the plaintiff had remodeled the bathroom prior to Citizens’ engineer conducting his inspection, removing the allegedly damaged items that formed the basis of her claim. This action not only eliminated the ability to properly assess the claimed damage but also raised questions about the legitimacy of the loss itself.
As the case approached trial before Judge Lindsay Garza, the evidentiary challenges became increasingly apparent to opposing counsel. Faced with the prospect of proving age-related damage constituted a covered loss and explaining why the plaintiff had removed the damaged items before the insurance company’s expert could examine them, the plaintiff chose to file a voluntary dismissal with prejudice rather than proceed to trial.
This outcome completely eliminated Citizens’ exposure while avoiding the time and expense of trial. The dismissal with prejudice also prevents the plaintiff from refiling the same claim, providing Citizens with complete finality.
Learn more about the firm’s First-Party Property and Coverage Division; click here: https://www.kelleykronenberg.com/our-practices/first-party-insurance-defense-coverage-bad-faith/
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