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Case Wins Kelley Kronenberg Successfully Defends Against Untimely Hurricane Ida Claims Through Strategic Motion to Dismiss

January 10, 2025

Kelley Kronenberg Successfully Defends Against Untimely Hurricane Ida Claims Through Strategic Motion to Dismiss

Kelley Kronenberg Attorney Michael Danon secured a significant victory in New Orleans, Louisiana, obtaining a with-prejudice dismissal of supplemental claims against our insurance company client. The case originated from a Hurricane Ida incident in 2021, where the plaintiff initially filed a contents claim alleging looting damages to their property in excess of $250,000.00. Three years after the loss, despite having received Replacement Cost Value payment from UPC and selling the property three months post-storm for a $125,000.00 profit, the plaintiff attempted to expand their claim by filing a supplemental petition to add wind damage and Additional Living Expenses (ALE) claims. 

Recognizing the untimely nature of these additional claims, Michael filed an exception (Motion to Dismiss) arguing that the new causes of action were prescribed under the applicable statute of limitations and the policy. Although the plaintiff did not file an opposition and instead attempted to withdraw the supplemental petition without prejudice, the judge sided with Michael’s legal argument. The Court granted the exception and dismissed the wind damage and ALE claims with prejudice, effectively preventing the plaintiff from refiling these claims in the future.  

Following this decisive victory, Michael leveraged the strengthened legal position to negotiate a highly favorable settlement. The case ultimately resolved for approximately 1/3 of the projected exposure, delivering substantial savings to our client. 

This outcome demonstrates our firm’s expertise in defending against opportunistic claim expansion attempts while securing cost-effective resolutions for clients. 

 

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