November 27, 2023

Kelley Kronenberg Secures Significant Win in Contentious First-Party Property Insurance Case

Kelley Kronenberg Practice Group Partners, Luke Sharkey and Robert DiMarco, recently secured a significant win in a contentious first-party property insurance case. The defense team’s meticulous strategy led to the successful dismissal of the plaintiff’s claim with prejudice.   

The case revolved around a kitchen plumbing loss claim, where suspicions of potential fraud or concealment emerged. The plaintiff initially pursued the lawsuit despite multiple court orders, until our team intensified the legal pressure. In a pivotal turn, the Court granted permission for the deposition of all adult household members associated with the alleged incident, including those not initially named in the suit, reinspection of the subject property to take place immediately, and verification of Discovery responses. Faced with mounting scrutiny, the plaintiffs abruptly abandoned their case and ceased communication with their own counsel. 

Formerly at the forefront of the defense, Rob DiMarco played a pivotal role in shaping the case strategy before Luke Sharkey assumed the lead and adeptly executed Dimarco’s strategy, applying pressure on the plaintiffs from various angles. This proactive approach culminated in the demonstration of the plaintiffs’ non-compliance with multiple court orders, leading to their counsel’s withdrawal from the case. Despite ample opportunity to rectify their stance, the plaintiffs failed to meet court-mandated obligations, resulting in the case’s dismissal with prejudice. This win was only made possible due to the above-and-beyond efforts of legal assistant, Mindy Ott, who kept constant pressure on both the Plaintiffs and their counsel to comply with deadlines and various Court Orders since this case’s inception.  

The plaintiff’s claim, initially valued at over $50,000.00, was rejected by the defendant, which may entitle the defense to recover fees and costs. This latest success underscores Kelley Kronenberg’s adept and authoritative stance in the field of first-party property insurance defense.