November 29, 2024
ShareKelley Kronenberg Secures Final Summary Judgment in Hurricane Ian Property Insurance Case on Multiple Grounds
Kelley Kronenberg Partner Erica Showell, and Partner/Business Unit Leader Matthew Strauss, secured a significant summary judgment victory for American Integrity Insurance Company of Florida in a Hurricane Ian property insurance dispute filed in Lee County Circuit Court.
The Court granted summary judgment on two compelling grounds. First, the Court found that American Integrity properly fulfilled its policy obligations by acknowledging coverage and issuing payment for the claimed damages. The plaintiff never submitted a competing Actual Cash Value (ACV) estimate to dispute the carrier’s payment before filing suit. Instead, the plaintiff only submitted a Replacement Cost Value (RCV) estimate and then sued for breach of contract when American Integrity didn’t pay the full claimed RCV amount. Importantly, the plaintiff failed to provide any proof of completed repairs or invoices.
The second basis for summary judgment being granted in American Integrity’s favor stemmed from material misrepresentations discovered during the plaintiff’s deposition. Throughout the course of litigation and under oath at deposition plaintiff adopted his public adjuster’s estimate and sought insurance proceeds for multiple areas of the property that he later admitted were undamaged by Hurricane Ian. These included several interior rooms and property features that didn’t exist at the time of loss. The Court found these material misrepresentations voided coverage under the policy’s concealment or fraud provision.
This victory underscores two critical principles in property insurance litigation: carriers cannot breach their policy contracts when they’ve properly acknowledged coverage and issued appropriate payments according to policy terms, and material misrepresentations in claims documentation can result in complete forfeiture of coverage. The ruling provides valuable precedent for insurers facing similar claims without proper documentation or containing misrepresented damages.
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