May 14, 2024

Kelley Kronenberg Secures Dismissal with Prejudice in High-Stakes Property Dispute

Kelley Kronenberg Practice Partner Errin Camner and Partner Alan Swindoll, of the firm’s First-Party Property Division, achieved a significant victory for our insurance company client in a case before Florida’s 17th Judicial Circuit in and for Broward County.   

The dispute revolved around claims of wind damage to a nearly three-decade-old tile roof and resulting interior leaks. Despite the plaintiff’s demand for over $100,000.00 in damages, our team was able to negotiate a favorable resolution for our client, without the need for formal litigation. 

The plaintiff’s allegations centered on wind-induced damage to the roof and resulting leaks. In response, our team meticulously countered these claims, emphasizing the absence of peril-created openings and highlighting age-related issues as pivotal defenses. 

Our team noted that the field adjuster’s thorough inspection yielded crucial findings—that no evidence of wind damage or wind-created openings was uncovered. The aged roof, recently painted and pressure cleaned, displayed signs of prior repairs predating the alleged date of loss. Water stains in multiple interior rooms were noted, yet no significant wind event coincided with the incident. 

Through meticulous analysis, our team effectively argued that the roof’s deterioration exceeded its useful life by several years. Evidence revealed pre-existing cracks and loose tiles, unaffected by the alleged wind event. Further, all leaks stemmed from flashing defects, with no indication of wind-induced damage to the underlayment. 

Our team’s skilled defense prompted the plaintiff to reassess their position, leading to a mutual agreement to dismiss the case with prejudice.  

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