March 11, 2024
ShareKelley Kronenberg Secures Victory Upholding Win Before Florida’s Second District Court Appeal
Kelley Kronenberg Partner and Business Unit Leader, Kimberly Fernandes, demonstrated her strong legal expertise while representing American Integrity Insurance Company of Florida in a recent first-party property insurance dispute before Florida’s Second District Court of Appeal. The case revolved around a claim brought by Gale Force Roofing and Restoration, LLC, against the insurance company, alleging a breach of contract regarding damages to a homeowner’s roof.
A pivotal aspect of the case was an Assignment of Benefits (AOB) contract, where Gale Force Roofing, acting as the assignee of the homeowner, sought damages exceeding $30,000.00 from American Integrity Insurance Company. At the lower court level, the AOB contract was deemed deficient by the judge under section 627.7152 of the Florida Statutes.
The trial court dismissed the lawsuit due to the plaintiff’s lack of standing to sue the insurance company due to its deficient AOB contract. The Second District Court of Appeal subsequently affirmed the trial court’s ruling, endorsing Fernandes’ legal arguments and defense strategy.
Fernandes argued persuasively that the AOB contract failed to meet statutory requirements on several bases, particularly regarding essential rescission terms. Her deep understanding of the applicable law and creative strategies enabled her to challenge the validity of the plaintiff’s case effectively.
The appellate court’s opinion detailed the deficiencies in the plaintiff’s AOB contract, emphasizing its failure to comply with statutory mandates. Fernandes’ meticulous legal analysis and steadfast advocacy were instrumental in securing a favorable outcome for American Integrity Insurance Company of Florida.