May 6, 2024

Kelley Kronenberg Shields Client from $100k Exposure, Secures Victory in First-Party Property Case

Kelley Kronenberg’s First-Party Property team of Partner Shannon Little and Attorney Jennifer Orcutt-Angius achieved a significant victory for our client by securing summary judgment, effectively shutting down the plaintiff’s claim. The plaintiff’s claim for breach of contract presented a daunting $100,000.00 exposure, which our team rigorously contested. Little and Orcutt-Anguis masterminded our defense approach, meticulously crafting strategies to challenge the plaintiff’s assertions on two fronts: the existence of a peril-created opening and the applicability of coverage based on wear, tear, and deterioration. 

During the proceedings, the plaintiff’s case faced a significant setback when an affidavit submitted to the court contradicted earlier sworn testimony provided during deposition. This inconsistency became a focal point of the court’s deliberations, prompting Judge Donald Scaglione to reserve ruling and call for both parties to submit proposed orders. 

In a decisive legal victory, the court ruled in favor of our defense, granting the Motion for Summary Judgment. The court’s decision was swayed by the absence of a peril-created opening and the plaintiff’s inability to substantiate damages beyond wear, tear, and deterioration. 

Through meticulous analysis and persuasive advocacy, Kelley Kronenberg’s First-Party Property team continues to secure favorable outcomes for clients, reaffirming our dedication to justice in the realm of insurance litigation.