March 29, 2023

Kelley Kronenberg Wins Summary Judgment Asserting No Peril Created An Opening

Kelley Kronenberg Partner, Alison Trejo, prevailed on a Motion for Summary Final Judgment on behalf of Citizens Property Insurance Corporation in this case before Florida’s Eleventh Judicial Circuit. The Honorable David C. Miller presided.  

Plaintiffs reported a loss on August 2, 2019, relative to a roof leak they allege occurred on July 31, 2019. After inspection of the Property, the carrier concluded there was no peril-created opening in the roof and all damage was due to wear and tear. Plaintiffs then filed suit seeking damages, attorneys’ fees and costs over $30,000.00.  

Waging an aggressive defense, Alison filed a Motion for Summary Judgment alleging the homeowners’ policy does not cover interior rainwater damage where a peril has not first created an opening through which rainwater enters. Agreeing with the defense, the Court found there was no evidence a covered peril first created an opening in the subject roof to allow rain to come through. The judge also concluded that, because the Policy’s terms are clear and unambiguous, and the record evidence supports no damage to the roof by a covered peril, Defendant was entitled to judgment as a matter of law. Jurisdiction for the defense to file a Motion for Fees and Costs was reserved by the Court.