September 24, 2024
ShareKelley Kronenberg Secures Full Defense Verdict in Hurricane Irma Claim
Kelley Kronenberg’s Jeffrey Wank, Chair of the firm’s First-Party Property Insurance Defense Division, along with Partner/Business Unit Leader Derek Goldsmith and Partner Jordan Lande, recently secured a significant victory for Homeowners Choice Property & Casualty Insurance Company, Inc. The team prevailed in a Hurricane Irma-related jury trial in Miami-Dade County, Florida, presided over by Judge Reemberto Diaz.
The case stemmed from alleged property damage caused by Hurricane Irma on September 10, 2017. However, Homeowners Choice wasn’t notified of the claim until the final day to report Hurricane Irma claims, approximately 3 years after the date of loss on September 9, 2020.
Adding to the case’s complexity, the Plaintiff filed a separate windstorm claim in May 2020 prior to filing this claim. The May 2020 claimed damages overlapped with the damages claimed in the instant matter. This intervening claim became a key point of contention during the trial.
Facing potential exposure of greater than $300,000.00, Kelley Kronenberg’s team crafted a robust defense. At summary judgment prior to trial, the Court already found that the Plaintiff’s delay in reporting the loss was not “prompt” as required by the insurance policy, thus Homeowners Choice had a presumption of prejudice. The team emphasized that this delay and the intervening claim significantly prejudiced Homeowners Choice’s ability to investigate and accurately assess the alleged Hurricane Irma damage.
During the trial, the defense team effectively demonstrated the Plaintiff had failed to overcome the presumption of prejudice to Homeowners Choice. They emphasized that given the extensive delay and the intervening claim, it was impossible to attribute the claimed damages to Hurricane Irma definitively. The defense also highlighted that the plaintiff’s own expert witness testified that the time lapse between Hurricane Irma and his inspection impacted his investigation and findings.
As trial progressed, Kelley Kronenberg’s team began to press that the Plaintiff had not met her burden to prove that a loss occurred as a result of Hurricane Irma. The team’s approach paid off. The jury returned a full defense verdict, finding that the Plaintiff had not met their initial burden of proving that the property sustained damage due to Hurricane Irma. This verdict protected Homeowners Choice from significant financial exposure and set an important precedent for cases involving delayed claim reporting. Homeowners Choice will now seek reimbursement of reasonable fees and costs incurred defending this matter.
This victory underscores the critical importance of timely claim reporting, thorough documentation of property conditions, and the impact of intervening events on claim investigations. It also highlights the significance of expert testimony in complex insurance cases.
The success of this case was made possible by the collaborative efforts of the entire Kelley Kronenberg First-Party Property Insurance Defense team and our valued client, Homeowners Choice Property & Casualty Insurance Company, Inc. special recognition goes to Amy Arnoldo, whose role as Corporate Representative was instrumental in presenting a cohesive and compelling case. The firm also extends its gratitude to the dedicated paralegals and assistants who worked tirelessly behind the scenes, particularly Vanessa Gomez and Edwin Principe. Their meticulous attention to detail and unwavering support were crucial in achieving this favorable outcome. This victory truly exemplifies the power of teamwork.