April 26, 2023Share
Kelley Kronenberg Summary Judgment Motion Prompts Claimant’s Voluntary Dismissal with Prejudice
The aggressive defense led by Kelley Kronenberg Partner, Samantha Navedo, resulted in Plaintiff’s Voluntary Dismissal with Prejudice, saving our client in excess of $25,000.00.
In this First-Party Property action, the carrier denied the homeowner’s water damage claim based on exclusion for constant and repeated seepage. Plaintiff filed suit to recover the costs associated with water mitigation services.
Samantha Navedo filed a Motion for Summary Judgment raising two separate arguments. The first was based on deficiencies in the Assignment of Benefits, including failure of the Assignee to sign and failure to attach an itemized estimate. The second was based on deficiencies in the Notice of Intent to Initiate Litigation, including failure to attach a valid AOB and failure to include the itemized detailed information as required by statute.
On the cusp of the hearing on Defendant’s Motion for Summary Judgment, Plaintiff opted to file a Notice of Voluntary Dismissal with Prejudice, discharging the suit seeking $25,000.00 in damages.