July 9, 2025
ShareKelley Kronenberg Secures Walk-Away Settlement in Property Water Damage Case
Kelley Kronenberg Practice Partner Coral Lerner secured a complete walk-away settlement for First Protective Insurance Company in Seminole County Circuit Court, resolving a water damage claim with exposure in excess of $75,000.00 without a payout.
The case involved homeowners who alleged a p-trap leak caused extensive damage requiring replacement of kitchen cabinets, counters, and backsplash. First Protective had initially denied the claim after thorough investigation revealed no water damage to cabinets, drywall, flooring, or baseboards. Coral’s meticulous case analysis uncovered a critical discrepancy: while the plaintiff’s public adjuster claimed extensive damage, the evidence showed only a very small light stain at the base of one kitchen sink cabinet that was visible in just one photograph.
Most tellingly, when First Protective’s field adjuster and engineer conducted their inspections on the same day the public adjuster’s photographs were dated, they found no evidence of the alleged cabinet damage. This stark contradiction between the claimed extensive damage and the minimal evidence became the cornerstone of Coral’s defense strategy.
Rather than engage in costly depositions and protracted litigation, Coral strategically offered a walk-away settlement early in the process. Faced with the overwhelming evidence contradicting their damage claims, opposing counsel accepted the offer, agreeing to dismiss the case with prejudice in exchange for First Protective’s agreement not to pursue costs based on an expired proposal for settlement.
This efficient resolution demonstrates the value of thorough claim investigation and strategic early case assessment in property insurance defense. By identifying and leveraging the fundamental weaknesses in the plaintiff’s case, Coral achieved optimal results while minimizing litigation costs.
Special recognition goes to First Protective Insurance Company for their trust in pursuing an aggressive litigation and negotiation strategy that ultimately delivered this excellent outcome.
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