July 11, 2024

Kelley Kronenberg Secures Minimal Settlement in Severe Weather Claim

Kelley Kronenberg’s First-Party Property Team, led by Practice Partner Errin Camner, Senior Trial Counsel Ryan Galka, and Partner Alan Swindoll, successfully resolved a complex case just one week before trial in Florida’s 17th Judicial Circuit for Broward County. 

The dispute arose when an insured homeowner claimed their property suffered damage from a severe weather event, allegedly causing an opening in the roof and subsequent interior damage. The plaintiff sought $100,000.00 in damages, exclusive of attorneys’ fees and costs. 

Our legal team mounted a robust defense based on three key points: (1) no peril-created opening, (2) wear and tear, and (3) pre-existing damage. 

We argued that coverage for interior damage is only applicable when a covered peril first damages the building, creating an opening through which elements can enter. Additionally, we presented evidence of wear and tear on the 27-year-old roof system, further strengthening our position. 

As the trial date approached, the strength of our legal strategy became evident. Faced with the prospect of a challenging trial and our team’s well-prepared defense, the plaintiff agreed to settle the case for just $1,000.00—less than 1% of the initial claim. 

This outcome represents a significant win for our client, not only in terms of the minimal settlement amount but also in avoiding the costs associated with a trial. It underscores Kelley Kronenberg’s commitment to vigorous defense and strategic negotiation in protecting our clients’ interests. 


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