June 24, 2024

Kelley Kronenberg Wins Summary Judgment in Insurance Dispute, Saving Client $100k+

Kelley Kronenberg Partner Jordan Lande and Jeffrey Wank, Chair of the firm’s First-Party Property Insurance Defense Division, secured a significant victory for our client, First Protective Insurance Company (“Frontline”), in Florida’s 19th Judicial Circuit Court. The case, heard before Judge Cynthia Cox in Indian River County centered on a windstorm/hailstorm-related roof damage claim. 

The Plaintiffs sought a full roof replacement and related repairs. Frontline promptly acknowledged full coverage for the claim within weeks of the initial investigation and invoked the policy’s Option to Repair provision. This clause in the insurance policy allowed Frontline to repair or replace covered damages using their selected contractor in lieu of making a monetary payment. 

Frontline agreed to fully replace the Plaintiffs’ roof and perform all associated repairs, with no part of the claim being denied. Notably, the Plaintiffs’ own repair estimate mirrored the damages Frontline intended to repair. Frontline and its preferred contractor made numerous attempts to initiate repairs, including sending certified letters, emails, and phone calls. Despite these efforts, at all times Plaintiffs and their representatives ignored Frontline’s attempts to commence the repair process. Further, the Plaintiffs’ public adjuster indicated they would resist using Frontline’s Option to Repair contractor. The Plaintiffs never submitted documentation disputing Frontline’s scope of damages. Instead of allowing repairs to proceed, they chose to file a lawsuit alleging breach of contract. 

Our team built a defense around Frontline’s contractual right to repair the property. We emphasized that Frontline accepted full coverage and liability for the loss, made numerous good-faith attempts to proceed with repairs, and that the plaintiffs failed to cooperate, violating both policy terms and Florida law.  

Judge Cox granted our Motion for Summary Judgment, effectively ending the case in Frontline’s favor. This ruling protected our client from potential exposure exceeding $100,000.00 and avoided the costs and uncertainties of protracted litigation. 

Stay abreast of the most current developments in First-Party Property Insurance law with our newsletter, “In the Know: First-Party Property Edition.” Read the latest issue here: https://www.kelleykronenberg.com/newsletter/first-party-property-newsletter-april-may-2024-edition/  

Interested in reading more wins by Kelley Kronenberg’s First-Party Property Team? Click here: https://www.kelleykronenberg.com/category/case-win/