August 13, 2025
ShareKelley Kronenberg Secures Dual Victory in Hurricane Ian Assignment Cases
Kelley Kronenberg Partner Adekemi Akinwole achieved a remarkable dual victory for our insurance company client, securing favorable resolutions in two related Hurricane Ian cases across Orange County Circuit and County Courts while saving the client over $80,000.00 in combined exposure.
The cases originated from a Hurricane Ian claim that our client had properly denied. The insureds subsequently filed a breach of contract action against the insurer while simultaneously attempting to assign their mitigation and restoration claims to an Assignment of Benefits (AOB) company, which filed a separate lawsuit against the carrier.
Faced with parallel litigation seeking a combined $113,500.00 in damages, Adekemi developed a coordinated defense strategy that leveraged the interconnected nature of the cases. She identified critical vulnerabilities in the AOB company’s position, including issues with the validity of the assignment contract and unreasonable damage claims.
Adekemi filed a strategic motion for summary judgment in the AOB case, targeting the fundamental flaws in the assignment and the legitimacy of the claimed damages. The strength of her legal arguments became evident when the AOB company, rather than defend against the motion at hearing, requested a mutual walk-away settlement.
The impact of this victory extended beyond the AOB case itself. With the AOB company’s claims eliminated through dismissal with prejudice, the insureds’ position in their parallel case was significantly weakened. Recognizing their diminished leverage, the insureds accepted a substantially reduced settlement they had previously rejected prior to the summary judgment hearing.
This coordinated approach resulted in favorable settlements in both cases, with total savings exceeding $80,000.00 from the combined exposure. The dual resolution demonstrates the effectiveness of strategic motion practice in related cases and highlights how success in one matter can create decisive leverage in parallel litigation.
The outcome showcases Adekemi’s ability to identify and exploit the relationships between related cases, using strategic motion practice to achieve optimal results across multiple proceedings while minimizing the client’s overall exposure and litigation costs.
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