April 18, 2025
ShareKelley Kronenberg Secures Favorable Settlement in Six-Figure Roof Claim
Kelley Kronenberg Partners Kathrine Conroy and Michael Colgan secured a significant victory for Homeowners Choice Insurance Company in Brevard County, Florida, resolving a contested roof damage claim for a fraction of the plaintiff’s demands after strategic post-mediation litigation.
The case involved a breach of contract claim seeking substantial six-figure damages where the plaintiff had made multiple repairs to an aged roof before reporting the claim. Kathrine and Michael built a strong defense around evidence of wear, tear and deterioration, as well as prejudice to the carrier resulting from the delayed reporting and unauthorized repairs.
After reaching an impasse at mediation in July 2024, where the plaintiff had demanded more than double the claimed damages including fees, our team continued advancing the case through a series of strategic litigation steps. This included defending against a motion for summary judgment, participating in multiple hearings, and conducting thorough expert discovery and depositions.
The plaintiff, facing mounting challenges to their case, ultimately accepted a settlement of less than half the claimed damages on the eve of the pretrial conference—representing approximately one-fifth of their highest demand. This resolution saved the carrier over $100,000.00 from the total potential exposure when considering potential attorney fees and costs.
Following the July 2024 mediation, the plaintiff’s team engaged in almost a year of additional intensive litigation—including dueling motions for summary judgment and extensive discovery—only to ultimately accept a settlement that provided minimal additional compensation compared to the significant attorneys’ fees and costs they incurred during this prolonged period.
This outcome highlights the effectiveness of maintaining a strong defense position through late-stage litigation when appropriate, rather than accepting inflated demands at mediation. Special thanks to Nicole Gahrman at Homeowners Choice for standing her ground throughout this contentious matter.
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