May 17, 2024

Kelley Kronenberg Secures Dismissal in First-Party Property Late Notice Case

Kelley Kronenberg Practice Partner, Andrew Zaslow, and Partner/Business Unit Leader Derek Goldsmith, spearheaded a significant victory for our firm in a recent case representing an insurance company client in Miami-Dade County. Successfully defending against a claim brought by the insureds for damages related to Hurricane Irma, our team achieved a favorable outcome in the face of intricate legal challenges. 

This case centered on the insureds’ failure to provide timely notice of their Hurricane Irma claim to the insurance company, waiting a substantial period of two years and seventeen days (747 days) after the date of loss before reporting the claim. Seeking compensation for exterior and interior damages, including a complete roof replacement totaling over $174,000.00, the insureds’ case presented significant exposure to the insurance company.  

Derek strategically prepared a Motion for Summary Judgment, based on the key violations of the Insureds’ Loss Conditions of their insurance policy, including the obligation to provide prompt notice, allow the inspection of damaged property, and cooperate with the overall investigation process. Andrew proceeded with the defense of the case, meticulously litigating the matter toward the hearing on the Motion for Summary Judgment. However, just prior to the hearing, the insureds chose to dismiss the case.  

Due to the aggressive handling of our First-Party Property Team, we were able to shield our client from exposure exceeding $225,000.00 and closed the case down entirely.  

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