October 16, 2024

Kelley Kronenberg Secures Summary Judgment in Roof Damage Claim

Kelley Kronenberg Partner Candice Magee of the firm’s First-Party Property Insurance Defense Division recently secured a significant victory for our client, Citizens Property Insurance Corporation, in a breach of contract case in Miami-Dade County. The case centered around a denied roof claim allegedly occurring on June 4, 2022. 

The plaintiff sought damages in excess of $70,000.00, alleging breach of contract after our client denied coverage for the roof claim. The total exposure in this case was estimated at $120,000.00, underscoring the importance of this victory for our client. 

In defending our client, Candice focused on two key arguments: 

1. No peril created an opening in the roof, which is a requirement for coverage under the subject policy.
2. The damages observed were pre-existing and not the result of a covered event.

These defenses were rooted in a thorough analysis of the policy language and a detailed investigation of the claimed damages.   

After considering the evidence and arguments presented, the Court granted Defendant’s Motion for Summary Judgment. This ruling effectively ended the case in our client’s favor, validating Candice’s interpretation of the policy and the facts surrounding the claim. 

For additional successes and details about our first-party property insurance defense practice, click here.
Stay abreast of the latest developments in first-party property insurance law with our newsletter, “In the Know: First-Party Property Appellate Edition.” Get the latest edition here.