April 8, 2024

Kelley Kronenberg Secures Nominal Settlement Amid Misrepresentation Allegations

Kelley Kronenberg Practice Partner Esmee Vera-Benavidez obtained a significant legal victory in a first-party property case before the Circuit Court in Orange County, Florida. With a robust defense strategy and strategic negotiation tactics, Esmee orchestrated a favorable settlement for our valued insurance company client, avoiding the costs and uncertainties of protracted litigation. 

The case originated from a lawsuit filed by plaintiffs alleging breach of contract due to damages from wind and hail, seeking $81,930.36 in damages. 

Esmee promptly initiated an assertive defense, filing a Motion for Summary Judgment wherein she strategically argued the plaintiff’s claim as fraudulent, citing at least nine separate instances of misrepresentations made by the plaintiff both prior to and during litigation. With this foundation laid, Esmee noted that while liability was not disputed, the policy was rendered void based upon the plaintiff’s material misrepresentations. 

Esmee’s proactive and strategic approach yielded exceptional results, with the plaintiffs accepting a nominal Proposal for Settlement on the same day as the Motion for Summary Judgment hearing. This outcome underscores Esmee’s diligent efforts and the strength of her legal arguments.