June 6, 2024
ShareKelley Kronenberg Secures Summary Judgment Victory in Hurricane Irma Claim
Kelley Kronenberg Practice Partner Nadine Mathieu and Partner Todd Schwartz of the firm’s First-Party Property Division achieved a significant victory on behalf of our client, American Integrity Insurance Company of Florida, by prevailing on a Motion for Summary Judgment in a case presided over by Judge Eric Netcher of Florida’s 9th Judicial Circuit in Orange County.
The case involved a Hurricane Irma claim seeking full replacement of the plaintiff’s roof, with damages amounting to $156,138.46. The plaintiff filed suit, alleging breach of contract, and sought to enforce an assignment of benefits (AOB) agreement.
Our team skillfully argued that the plaintiff’s AOB was invalid and failed to comply with several requirements of Florida Statute §627.7152. They pointed out that the assignment did not contain a required itemized estimate, and the estimate provided was neither executed by the assignor nor incorporated into the assignment agreement.
Judge Netcher agreed with our team’s arguments, granting the defendant’s Motion for Summary Judgment and averting exposure approaching $200,000.00. The Court’s conclusion centered on the plaintiff’s non-compliance with the statutory requirements outlined in section 627.7152, Florida Statutes, which mandate that a valid assignment of benefits must contain a written, itemized, per-unit cost estimate of the services to be performed.
This victory highlights Kelley Kronenberg’s deep understanding of Florida’s ever-evolving property insurance laws and our ability to effectively defend our clients’ interests. Our team’s expertise and strategic approach to this case were instrumental in achieving this favorable outcome.
To stay updated on the most important developments in first-party property law, read our newsletter, “In the Know: First-Party Property Edition.” Get the latest issue: https://www.kelleykronenberg.com/newsletter/first-party-property-newsletter-april-may-2024-edition/
Read more of our First-Party Property case wins: https://www.kelleykronenberg.com/category/case-win/