September 29, 2023
ShareKelley Kronenberg Secures Dismissal of Two Claims: Protecting Insurance Company’s Interests
Kelley Kronenberg Attorney, George Capello, alongside Partner, Scott Dornstein, secured voluntary dismissals in two claims for damages to a property insured by our client, United Property & Casualty Insurance Company.
In these cases, Plaintiff filed two separate claims against our client, seeking $90,000.00 for roof damages and $41,000.00 for kitchen damages, totaling a substantial $131,000.00. The claims alleged significant property damage, specifically to the roof and kitchen.
Our dedicated legal team, led by George Capello and Scott Dornstein, conducted a thorough investigation into the insured property and the circumstances surrounding the claims. During this process, a crucial discovery emerged: the insured property had tragically suffered a fire loss after the claims were submitted. Importantly, our client already provided full indemnity for the home, which included coverage for the damages that were the subject of the claims.
With this crucial information in hand, our attorneys approached Plaintiff’s counsel with a compelling case. Recognizing the strength of our position, Plaintiff’s counsel made a strategic decision. Rather than proceeding with the case and facing the potential consequences of a 57.105 Motion for Sanctions hearing, Plaintiff voluntarily dismissed both claims. Importantly, these dismissals were made “with prejudice,” meaning Plaintiff cannot refile these claims in the future.
Through meticulous investigation and strategic negotiation, we successfully protected our client from substantial financial liability. At Kelley Kronenberg, we remain dedicated to providing exceptional legal representation to our clients in the insurance industry. This case win underscores our commitment to delivering favorable outcomes and safeguarding the interests of our clients. We look forward to continuing to serve the needs of insurance claims adjusters and the broader insurance community.