November 27, 2023Share
Kelley Kronenberg Secures Voluntary Dismissal of Hurricane Ian Claim
Kelley Kronenberg Attorney, Coral Lerner, in collaboration with Partner, Scott Dornstein, secured a voluntary dismissal without prejudice in a Hurricane Ian claim. The case involved damages to the property’s roof and subsequent interior water damage, falling below the applicable hurricane deductible.
Upon receiving a Notice of Intent, the firm delved into a meticulous review of property records. Uncovering a Final Judgment of Foreclosure entered on November 24, 2021, revealed that the property was under bank ownership on the date of the loss, September 28, 2022.
Citing the precedent set in Secured Realty Inv. Fund Ltd. III v. Highlands Ins. Co., our team argued that the mortgagee assumes ownership and is entitled to the full covered loss in cases where foreclosure precedes the loss. Accordingly, the “named insured” should not be eligible for recovery. Asserting that the plaintiffs lacked standing to sue, the threat of a motion to dismiss prompted a voluntary dismissal without prejudice.
Our team’s strategic legal approach effectively safeguarded the insurer from potential liabilities surpassing $165,000.00.