February 17, 2025
ShareKelley Kronenberg Secures Summary Judgment in Million-Dollar Hurricane Ian Case
Kelley Kronenberg Partner/Business Unit Leader Jake Huxtable and Attorney Zachary Schiffman secured summary judgment for Homeowners Choice Property & Casualty Insurance Company in Lee County Circuit Court, successfully defending against a Hurricane Ian claim approaching $1 million in damages.
The case arose from an October 2022 Hurricane Ian claim where the plaintiff’s public adjuster submitted a loss estimate of approximately $825,000.00 calculated solely on a Replacement Cost Value (RCV) basis. In response, the carrier acknowledged coverage and issued an Actual Cash Value (ACV) payment of roughly $185,000.00 after applying the deductible. The carrier’s determination letter explicitly outlined the policy’s provisions regarding ACV versus RCV payments and the requirements for recovering depreciation.
Several months later, the plaintiff submitted a sworn proof of loss of approximately $858,000.00 without any supporting documentation of repairs or competing ACV estimates. Huxtable and Schiffman quickly identified that the plaintiff had failed to follow policy requirements, as they never submitted a competing ACV estimate, demanded additional ACV payment, or provided proof of completed repairs before filing suit.
The Court’s comprehensive ruling agreed with their position, citing multiple Florida cases establishing that an insurer cannot breach a contract where it accepted coverage and paid the only ACV estimate received. Judge Cohen’s order emphasized that the plaintiff’s right of action was limited to benefits that had accrued at the time of filing suit, and no breach occurred since the carrier properly paid ACV benefits while the plaintiff demanded only RCV payment without completing repairs.
This victory not only protected the carrier from significant exposure but also reinforces crucial precedent regarding policy compliance in hurricane claims and the importance of early identification of dispositive legal issues.
Special thanks to Amy Arnoldo for her collaboration on this successful defense.
Read other cases recently won by the team of Jake Huxtable and Zachary Schiffman:
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