August 21, 2024

Kelley Kronenberg Secures Summary Judgment in $180k Property Insurance Dispute

Kelley Kronenberg’s First-Party Property Team of Partner/Business Unit Leader Jake Huxtable, Attorney Zachary Schiffman, and Partner Melissa Usher secured a significant victory for their client, Homeowners Choice Property & Casualty Insurance Company. The team prevailed on a Motion for Summary Judgment in a case pending before Judge Scott Kerner of Florida’s Fifteenth Judicial Circuit in and for Palm Beach County.

The case, which involved a breach of contract claim with sought damages of $180,000.00, had been ongoing for three years across three lawsuits. The defense argued that there was no breach for Actual Cash Value (ACV).

After extensive litigation efforts, including numerous depositions defended by Jake Huxtable and a winning motion for summary judgment written by Zachary Schiffman, the team achieved a decisive final summary judgment victory. The ruling was predicated on the plaintiff’s failure to provide notice of a supplemental insurance claim disputing the client’s actual cash value coverage determination prior to filing suit.

Jake’s masterful and passionate argument of the motion before the court contributed significantly to this outcome. The team’s aggressive litigation strategy, combined with their persistence and hard work, not only secured the summary judgment but also positioned the client to potentially recover attorneys’ fees and costs from the plaintiff due to an expired proposal for settlement.

The successful resolution of this case demonstrates the expertise and dedication of Kelley Kronenberg’s First-Party Property Division. Special recognition goes to Amy Arnoldo with Homeowners Choice for her diligent collaboration throughout the process.

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