April 4, 2024
ShareKelley Kronenberg Successfully Defends Against Breach of Contract Claim in Hurricane Ian Case
Kelley Kronenberg’s First-Party Property Team of Jordan Lande (Partner) and Todd Schwartz (Partner and Business Unit Leader) secured a decisive victory in a first-party property insurance matter pending before the Circuit Court in and for Palm Beach County, Florida. With a total estimated exposure of $75,000 expertly mitigated, this triumph exemplifies the expertise and effectiveness of our legal team.
The case centered around a late-reported Hurricane Ian claim, with the insured seeking coverage under a policy with Chubb/Federal Insurance Company. Notably, the policy expressly excluded coverage for wind or hail events, which formed the crux of the defense’s argument. Following a meticulous investigation, Chubb rightfully denied the claim based on this Wind/Hail Exclusion.
The Plaintiff, undeterred, initiated legal action for breach of contract, claiming greater than $50,000 in damages. However, our team adeptly countered, emphasizing the clear exclusionary language of the policy regarding the type of loss claimed – namely, a wind event.
Legal proceedings ensued, with the Plaintiff attempting to amend their claim while maintaining the nature of the loss as wind related. In response, our team promptly filed a Renewed Motion to Dismiss Plaintiff’s Complaint and served a Motion for Sanctions pursuant to F.S. 57.105 due to the unsubstantiated action and backed by a strategic understanding of the specific policy terms. On the eve of Defendant’s Motion to Dismiss hearing, Plaintiff ultimately dismissed their Complaint. However, as Plaintiff failed to dismiss its Complaint within the F.S. 57.105 safe harbor period, our team will now pursue fees and costs under F.S. 57.105, emphasizing our commitment to diligent representation and accountability in the face of baseless claims.