July 11, 2024

Kelley Kronenberg Secures Nominal Settlement in $82,000 Wind Damage Claim

Kelley Kronenberg Practice Partner Esmee Vera-Benavidez of the firm’s First-Party Property Division achieved a significant victory for our client. The case, which originated from a wind and hail damage claim filed in November 2022 for a loss that allegedly occurred in June 2021, was poised to become a costly affair for our insurance company client. 

Prior to filing suit, the plaintiffs initially sought damages of approximately $82,000.00, with potential exposure climbing even higher when factoring in fees and costs. However, as the case unfolded in Orange County, Florida, our team’s suspicions of fraud grew. 

Through meticulous discovery and multiple depositions of the plaintiffs, Esmee uncovered a web of misrepresentations. Armed with this information, she prepared a Motion for Summary Judgment addressing nine separate counts of misrepresentation. 

As the hearing date approached, Esmee’s strategy proved effective. Despite never requesting settlement authority, we found ourselves in an unexpected position on the day of the hearing. The plaintiff’s counsel, facing the prospect of our damaging motion, requested the Insurance Carrier honor a prior nominal proposal for settlement just two hours before the proceedings were set to begin. 

In a swift turn of events, the case that once threatened substantial liability for our client was settled for a mere $2,000.00. This outcome not only shielded our client from extensive financial exposure but also highlighted the value of our firm’s thorough and aggressive approach to insurance defense. 

Stay abreast of the most current developments in First-Party Property Insurance law with our newsletter, “In the Know: First-Party Property Edition.” Read the latest issue here: https://www.kelleykronenberg.com/newsletter/first-party-property-newsletter-april-may-2024-edition/  

Interested in reading more wins by Kelley Kronenberg’s First-Party Property Team? Click here: https://www.kelleykronenberg.com/category/case-win/