May 6, 2024
ShareKelley Kronenberg Successfully Caps Damages for State Farm in Recent Win
Kelley Kronenberg’s First-Party Property Team, led by Attorney Samuel Jacobs alongside Partner and Business Unit Leader Scott Dornstein, and supported by Legal Assistant Rosemarie Sanchez, recently secured a significant victory for State Farm Insurance Company in Orange County, Florida.
In this case, the plaintiff had alleged property damage resulting from an accidental water discharge in her kitchen plumbing system, leading to a breach of contract claim against State Farm Insurance Company. Seeking damages exceeding $45,000, the plaintiff initiated legal action.
Our team vigorously contested the plaintiff’s claims, centering our defense on the Special Limit for Water Damage clause within the policy. Additionally, we leveraged recent legislative reforms that curtailed the plaintiff’s entitlement to attorney’s fees.
Crucially, the plaintiff’s loss fell within a policy period post-legislative reform, which effectively limited their entitlement to attorney’s fees. Furthermore, the policy contained an endorsement specifically capping damages for water damage at $10,000.00.
Our team swiftly moved to file a Motion to Strike attorney’s fees, arguing that under the endorsement limitation and legislative reform, the plaintiff’s maximum recoverable amount was $10,000.00. This strategic maneuver compelled the plaintiff to settle the suit for the capped maximum, inclusive of all damages and attorney’s fees.
The early settlement achieved through skilled negotiation and strategic defense saved State Farm Insurance Company from potentially significant financial exposure. This successful outcome exemplifies our First-Party Property Team’s unwavering commitment to delivering exceptional results for our clients.
Get more information about first-party property with our blog: https://www.kelleykronenberg.com/category/blog/first-party-property/