September 15, 2025
ShareKelley Kronenberg Secures Walk-Away Settlement in Late-Reported Hurricane Case
Kelley Kronenberg Practice Partner Jennifer Sariol, Partner/Business Unit Leader Casey Mullin, and Partner/Business Unit Leader Charles Prior secured a complete victory for their insurance carrier client in Palm Beach County Circuit Court, obtaining dismissal of a Hurricane Ian property claim with potential exposure of approximately $200,000.00.
The case involved homeowners who filed a breach of contract action seeking approximately $140,000.00 for alleged Hurricane Ian damage to their property, plus attorney’s fees and costs. However, the defense team identified a critical procedural defect that undermined the entire case: the claim had been reported significantly late under the policy’s notice requirements.
Jennifer, Casey, and Charles developed a focused defense strategy targeting this late reporting issue. Florida law and standard property insurance policies require prompt notice of claims to protect insurers’ ability to properly investigate losses and prevent fraud. The team’s analysis revealed that the delay in reporting had prejudiced the carrier’s investigation and violated the policy’s conditions precedent.
Based on this strong legal position, the defense team filed a motion for summary judgment arguing that the late reporting barred coverage as a matter of law. The motion comprehensively demonstrated how the delayed notification prevented proper claim investigation and violated the policy’s clear requirements.
The strength of the summary judgment motion became evident when opposing counsel approached the defense team prior to the hearing before Judge James Sherman. Rather than face what appeared to be an unfavorable ruling on the motion, opposing counsel requested a complete walk-away settlement.
Under this arrangement, the carrier paid nothing to resolve the claim, the plaintiffs dismissed their case, and both parties avoided the expense and uncertainty of continued litigation. This outcome completely eliminated the client’s exposure while establishing important precedent regarding the consequences of late claim reporting.
This victory demonstrates the critical importance of identifying and leveraging procedural defenses in property insurance litigation, particularly regarding notice requirements that serve as conditions precedent to coverage.
Learn more about the firm’s First-Party Property and Coverage Division; click here: https://www.kelleykronenberg.com/our-practices/first-party-insurance-defense-coverage-bad-faith/
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