August 16, 2024
ShareKelley Kronenberg Secures Summary Judgment Win, Influencing Judge’s Stance on Hurricane Ian Claims
Kelley Kronenberg Partner Kurt Ciell of the firm’s First-Party Property Insurance Defense Division achieved a significant victory for State Farm Florida Insurance Company in a Hurricane Ian claim case. This win not only resulted in a summary judgment in State Farm’s favor but also notably influenced Judge Lindsay Garza’s position on similar cases in Florida’s Twentieth Judicial Circuit in and for Lee County.
The case, brought by repeat-plaintiff The Kidwell Group as an alleged assignee of the insured, sought $7,000 for an “Engineering Report with Repair Plan” and a “Water Damage Assessment Report.” Kurt’s defense strategy challenged both the validity of the assignment agreements and the compensability of the plaintiff’s services under the policy terms.
In a pivotal ruling, Judge Garza granted State Farm’s Motion for Summary Judgment, accepting Kurt’s argument that the plaintiff’s reports were not compensable under the policy without evidence of their use in actual repairs. This decision was particularly significant as it marked a reversal from Judge Garza’s February 2024 ruling on similar arguments in a case involving the same plaintiff against a different carrier.
Kurt’s compelling presentation leveraged recent appellate precedent from the 4th DCA in “People’s Trust Ins. Co. v. Kidwell Group a/a/o Cliff Warren,” demonstrating that such reports are only compensable when used in actual property repairs. The lack of evidence that repairs were completed or that State Farm was notified of any repairs using these reports proved crucial in securing this victory.
This case exemplifies how Kelley Kronenberg’s thorough legal analysis and persuasive argumentation can not only win individual cases but also influence judicial perspectives on key insurance defense issues. When faced with our firm’s incisive legal strategies, even established legal positions can be successfully challenged and overturned.
Click here to explore how Kelley Kronenberg’s First-Party Property Insurance Defense team develops innovative legal strategies that protect our clients’ interests and shape judicial perspectives.
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