January 22, 2025

Kelley Kronenberg Successfully Resolves Hurricane Nicole Property Claim Through Strategic Pre-Mediation Negotiations

Kelley Kronenberg Attorney Christy Curras and Partner/Business Unit Leader Scott Dornstein secured a favorable settlement in a Hurricane Nicole property damage case in Seminole County, Florida. The case involved claims of damage to the insured’s roof, fence, interior, and exterior allegedly caused by the hurricane. While the insurance carrier had initially extended coverage for fence damage, coverage for the roof and interior damage was denied as the damages fell below the hurricane deductible. 

The plaintiff initiated litigation seeking damages in excess of $200,000.00. The defense team identified several strong defenses, including late notice, lack of evidence of storm-related roof damage, and absence of storm-created openings for the claimed interior water damage. 

Although the case was set for trial in April 2025 with a scheduled mediation for January 8, 2025, the defense team’s thorough trial preparation and strategic negotiations led to a resolution on the eve of mediation. The case settled for less than $40,000.00, inclusive of damages, attorney fees, and costs. Notably, this settlement also encompassed an Assignment of Benefits claim that wasn’t included in the initial Notice of Intent to Initiate Litigation, which represented a potential additional exposure of approximately $15,000.00. 

This outcome, achieved through diligent preparation and effective negotiation, resulted in a settlement figure that was approximately 16% of the projected exposure, delivering substantial savings to the client and avoiding the costs and uncertainty of continued litigation. 

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