July 29, 2025
ShareKelley Kronenberg Secures Summary Judgment in Six-Figure Water Damage Case
Kelley Kronenberg Partner/Business Unit Leader Jake Huxtable and Practice Partner Zachary Schiffman secured a decisive summary judgment victory for Homeowners Choice Property & Casualty Insurance Company in Miami-Dade County, eliminating over $250,000.00 in exposure in a water damage case they were strategically brought in to handle.
The case involved homeowners who filed a claim for water damage resulting from a damaged pipe. Homeowners Choice investigated the claim and acknowledged coverage, paying benefits based on their Actual Cash Value (ACV) estimation of the loss. The plaintiffs subsequently filed suit alleging breach of contract and seeking substantial additional damages.
Recognizing the critical importance of the pending motion for summary judgment, Homeowners Choice strategically transferred the case from the prior defense firm to Jake and Zachary specifically for the purpose of arguing the “no breach for ACV” motion at hearing, based on their proven track record of success with this argument in similar cases.
Jake and Zachary supplemented the existing brief with additional legal authority and strategic arguments, focusing on a critical gap in the plaintiffs’ case: they had never demanded supplemental ACV benefits or filed a supplemental claim based on completed repairs prior to filing suit.
Drawing on Florida law and the policy’s plain language, the team demonstrated that Homeowners Choice was initially obligated to pay only the actual cash value of the loss, with additional replacement cost benefits available only after repairs were completed and documented. Since the plaintiffs had bypassed this requirement and proceeded directly to litigation without following the policy’s claims process, no breach of contract had occurred.
The court agreed with Jake and Zachary’s arguments and granted summary judgment in favor of Homeowners Choice, completely eliminating the over $250,000.00 exposure. Additionally, the team identified an expired proposal for settlement that positions the client to recover attorney’s fees and costs, providing further value beyond the liability victory.
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