December 19, 2024
ShareKelley Kronenberg Wins Complex Hurricane Insurance Case with $1M Exposure
Kelley Kronenberg Partner/Business Unit Leader Andrew Labbe secured a decisive victory in Sarasota County, Florida, successfully defending a property insurer in three interrelated lawsuits with a combined exposure of approximately $1 million, including attorneys’ fees and costs.
The litigation involved three separate actions filed by the same insured: a Hurricane Irma claim, a Hurricane Ian claim, and a negligence claim related to tarp installation. Through strategic litigation management, Andrew successfully navigated the complex interplay between multiple storm events and coverage issues.
In the Hurricane Irma matter, Andrew demonstrated that the plaintiff failed to establish a breach of contract, noting their inability to provide evidence beyond actual cash value estimates or meet the burden of proving causation under a named peril policy. He further established that Florida’s Valued Policy Law was inapplicable due to the combined effects of wind and flood damage.
For the Hurricane Ian claim, Andrew successfully argued that the insured’s failure to replace the roof after Irma triggered the policy’s anti-concurrent cause provision, as any damage would have been partially caused by pre-existing conditions or neglect. In the negligence action, he established that the independent contractor who handled tarp installation was not an agent of the insurer, thereby shielding his client from liability.
The arbitration panel ruled in favor of the insurer on all three cases. When the plaintiff failed to timely move for trial de novo and subsequently sought relief based on excusable neglect, the Court denied their motion and entered final judgment for the defense.
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