June 4, 2025
ShareKelley Kronenberg Secures Summary Judgment in Six-Figure Hurricane Ian Case
Kelley Kronenberg Attorney Alexis Garcia and Partner/Business Unit Leader Matthew Strauss, with Legal Assistant Natalie Wilson-Swaby, secured summary judgment for American Integrity Insurance Company in Lee County Circuit Court, successfully defeating a Hurricane Ian claim seeking approximately $185,000.00 in damages.
The case involved homeowners who filed suit alleging breach of contract and underpayment of their Hurricane Ian claim. The plaintiff’s public adjuster had submitted a loss estimate of approximately $185,000.00 calculated solely on a Replacement Cost Value (RCV) basis. In response, American Integrity acknowledged coverage and issued an Actual Cash Value (ACV) payment, with their coverage determination letter explicitly outlining the policy’s provisions regarding ACV versus RCV payments and the requirements for recovering depreciation.
Alexis and Matthew identified a fundamental flaw in the plaintiff’s case: they had failed to comply with the policy’s loss settlement provisions before filing suit. Specifically, the plaintiffs never submitted a competing ACV estimate to dispute the carrier’s coverage determination, nor did they provide proof of completed repairs that would entitle them to replacement cost benefits.
The defense team filed a comprehensive motion for summary judgment arguing that the plaintiffs’ failure to meet these basic policy requirements barred their breach of contract claim. During the hearing before Judge Keith Kyle, they presented compelling evidence demonstrating that American Integrity had properly fulfilled its obligations under the policy’s loss settlement provisions.
Judge Kyle agreed with the defense position and granted summary judgment, finding “a nonexistence of any genuine dispute as to any material facts” and that “all reasonable inferences to be drawn therefrom uncontrovertibly establish that American Integrity Insurance Company of Florida is entitled to final summary judgment as a matter of law.”
Following this victory, the team filed a motion for entitlement to attorney’s fees and costs based on a previously filed proposal for settlement, positioning the client for potential cost recovery in addition to the favorable judgment.
This outcome reinforces the importance of strict policy compliance in first-party property insurance litigation and demonstrates how strategic motion practice can efficiently resolve cases where procedural requirements have not been met.
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