April 29, 2024

Kelley Kronenberg Secures Fee Award Following MSJ Win

Kelley Kronenberg Partner Raul Marrero of the firm’s First-Party Property Insurance Defense Division, recently achieved an impressive win for our insurance company client. Building on a previous triumph, Marrero secured an award for fees and costs, evidence of our commitment to delivering exceptional legal representation in insurance defense. 

The case centered on a wind damage claim submitted by the insured after being indemnified for Hurricane Irma. When the insurer requested Specific Proof of Loss (SPOL) and documentation substantiating prior repairs, the insured failed to comply before legal action was initiated. During the deposition, it was revealed that the insured misrepresented facts and attempted to pass off old damages as new. After failed attempts to resolve the claim, our firm recommended pursuing a Proposal for Settlement (PFS) to recover fees and costs in the event of an inevitable Motion for Summary Judgment (MSJ). 

Due to the plaintiff’s delay tactics, necessitating the filing of an MSJ, Raul took decisive action by unilaterally setting the MSJ for hearing, ultimately resulting in a favorable ruling. Post-MSJ, Raul diligently pursued recovery of additional fees and costs incurred due to the plaintiff’s prolongation of proceedings. 

The recovery of attorney’s fees and costs hinged on the application of Florida Statute 768.79, the PFS statute, allowing for the recuperation of fees from the date of the proposal for settlement until the issuance of our favorable verdict. Raul’s utilization of statutory provisions underscored our firm’s adeptness in navigating complex legal frameworks to achieve optimal outcomes for our clients. 

In a resounding victory, the Honorable Reemberto Diaz of Florida’s Eleventh Judicial Circuit in and for Miami-Dade County awarded fees and costs totaling $7,477.85. 

Read our newsletter, “In the Know: First-Party Property Edition,” here: https://www.kelleykronenberg.com/category/newsletter/