July 15, 2024
ShareKelley Kronenberg Secures Victory for Citizens Property Insurance in Case Involving Late-Reported Hurricane Irma Claim
Kelley Kronenberg Partner Erica A. Showell and Attorney Lindsey Stadnik of the firm’s First-Party Property Division successfully defended Citizens Property Insurance Corporation in a case involving a late-reported Hurricane Irma claim. Citizens’ Final Summary Judgment Motion was heard by Judge Robert T. Watson of Florida’s 11th Judicial Circuit in Miami-Dade County.
At Summary Judgment, the plaintiff relied on an expert report and affidavit and sought payment for a complete tile roof replacement and attorney’s fees. With more than $85,000.00 exposure, Erica and Lindsey argued that the plaintiff failed to provide prompt notice of the loss and rebut the presumption of prejudice to Citizens for the late notice. They also contended that the plaintiff failed to comply with their insurance policy by failing to provide the requested documentation to support or substantiate their claim.
The Court found that there was no factual dispute as to whether the plaintiff could rebut the presumption of prejudice to Citizens, and it was impossible for Citizens to determine whether the claimed damages resulted from the claimed event, given that the plaintiff knew of the alleged damages the day after the reported date of loss but did not report the claim to Citizens until 864 days later.
In a significant victory for Citizens, the Court granted Citizens’ Motion for Summary Judgment, filed by Lindsey and argued by Erica in full. Notably, the Court struck the plaintiff’s expert’s affidavit, finding it wholly conclusory and not adequately supported. In its decision, the Court cited the Third DCA’s opinion in Arce v. Citizens Property Ins. Co., 3D22-0722 (Fla. 3d DCA Jan. 3, 2024), which had almost identical facts to the instant case and adopted its reasoning in determining the outcome of the present case. Final Judgment was entered in Citizens’ favor.
This case highlights the importance of prompt notice and proper documentation in first-party property insurance claims and demonstrates the expertise of Kelley Kronenberg’s First-Party Property Division in defending insurers against late-reported claims.
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