June 12, 2025
ShareKelley Kronenberg Secures Dismissal in Hurricane Ian Property Claim
Kelley Kronenberg Practice Partner Jennifer Orcutt-Angius secured a complete victory for our insurance company client in Lee County Circuit Court, obtaining dismissal with prejudice of a Hurricane Ian claim seeking approximately $100,000.00 in damages.
The case involved homeowners who alleged wind damage to their roof and ensuing water damage to the interior of their property during Hurricane Ian. Following field adjuster and engineering inspections, the carrier denied the claim, determining that the damage resulted from wear and tear rather than covered perils.
Jennifer filed a motion for summary judgment addressing the policy’s exclusion for damages caused by wear and tear, and prejudice to the carrier. The motion comprehensively demonstrated that the roof damage predated Hurricane Ian and resulted from excluded causes. She also established that the extraordinary delay in reporting severely prejudiced the carrier’s ability to properly investigate the claim.
Faced with the prospect of appearing at a summary judgment hearing without any responsive evidence or legal arguments, opposing counsel recognized their untenable position. On the eve of the hearing, opposing counsel agreed to a walk-away dismissal with prejudice, eliminating the client’s exposure entirely without any payment.
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