January 14, 2025

Kelley Kronenberg Wins Summary Judgment in $100K Property Insurance Defense Case

Kelley Kronenberg Partner/Business Unit Leader Jake Huxtable and Attorney Zachary Schiffman secured summary judgment in a first-party property insurance defense case, saving their client nearly $100,000.00 in exposure.  

In this case, the plaintiff claimed wind/hail damage to a Fort Pierce property from an April 16, 2023 loss. While our client, Homeowners Choice, had opened coverage and provided actual cash value (ACV) benefits based on their investigation, the plaintiff filed suit without submitting a supplemental claim for additional ACV benefits or completing repairs. 

In this contentious lawsuit, Jake and Zachary crafted a winning strategy by leveraging § 627.70152(6), Fla. Stat., which makes notices of intent to litigate and related documentation inadmissible. This innovative approach prevented the plaintiff from using a competing ACV estimate submitted with the litigation notice.  

The Court granted summary judgment for the defense, despite the plaintiff having replaced the roof and made repairs during litigation. The ruling not only protected Homeowners Choice from significant exposure based on the original public adjuster estimate but also set a valuable precedent for future cases involving ACV disputes and pre-litigation notice requirements. 

 

For additional successes and details about our first-party property insurance defense practice, click here.

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