April 24, 2025
ShareKelley Kronenberg Team Secured Trial Victory in $1.5M Hurricane Ian Case
Kelley Kronenberg Partner and Business Unit Leader Andrew Labbe, Senior Trial Counsel Ryan Galka, and Managing Trial Paralegal Edwin Principe secured a significant victory for TypTap Insurance Company in Charlotte County, Florida, successfully defending against a Hurricane Ian claim with alleged damages of approximately $1.5 million plus attorney’s fees and costs.
The case involved a breach of contract action where the plaintiff sought replacement cost value (RCV) for hurricane damage to their property. The defense team identified a critical legal issue: the plaintiff had filed suit prior to completing repairs, which under Florida law and the policy language, limited their recovery to actual cash value (ACV) rather than replacement cost.
Andrew, Ryan, and Edwin developed a strategic pre-trial approach, filing a motion in limine to limit the plaintiff’s recovery to ACV based on this legal principle. The court granted this crucial motion, substantially altering the dynamics of the trial.
During the proceedings, the plaintiff attempted to salvage their case by having their expert present new testimony regarding depreciation and other calculations to establish ACV based on their previously submitted RCV estimate. The defense team promptly objected to this undisclosed expert testimony, and the judge sustained their objection.
With their primary evidence excluded and unable to establish the ACV of their claim, the plaintiff took a voluntary dismissal on the third day of trial rather than risk an adverse verdict.
This outcome demonstrates the importance of thorough pre-trial preparation and strategic motion practice in property insurance litigation, particularly in cases where plaintiffs attempt to circumvent policy requirements regarding the timing of repairs and related claims.
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