October 24, 2023

Kelley Kronenberg Secures Victory for Citizens Property Insurance Corporation in Recent Appeal

Kelley Kronenberg Partner, Kimberly Fernandes, effectively defended Citizens Property Insurance Corporation in this first-party property insurance appeal, where the Third District Court of Appeal upheld the trial court’s decision to grant attorney fee sanctions to Citizens Property Insurance Corporation under 57.105, F.S., in light of Plaintiffs’ baseless claims in their pleadings. 

The case originated from a five-count complaint filed by homeowner Plaintiffs against Citizens regarding alleged property damages from Hurricane Irma. With each count scrutinized, the trial court, supported by Citizens’ persistent motion work, progressively dismissed the frivolous claims, ultimately granting attorney fee entitlement to Citizens as a sanction against Plaintiffs. 

Despite Citizens having statutory immunity from bad faith causes of action, Plaintiffs attempted, on three occasions, to assert baseless bad faith allegations, resulting in the Court imposing sanctions in the form of attorney fees to compensate Citizens for its efforts in countering the groundless litigation. 

The Plaintiffs alleged damages surpassing $30,000. However, dismissing these groundless claims not only thwarted Plaintiffs’ recovery but also enabled Citizens to recoup most of their legal expenses tied to the litigation, underscoring a substantial victory for our client. 

We sincerely thank Citizens Property Insurance Corporation for placing their trust in our firm to handle this appeal.