July 3, 2023Share
Kelley Kronenberg’s Aggressive Defense Forces Plaintiffs to Dismiss Hurricane Irma Lawsuit
Kelley Kronenberg Attorney, Nicole Lazaroff, and Partner, Brandon Weitzman, launched an aggressive defense strategy in a recent Hurricane Irma lawsuit. Nicole and Brandon worked tirelessly to build a solid case in favor of our client, prompting Plaintiffs to withdraw their claims against Defendant.
In this action, Plaintiffs alleged Hurricane Irma damage, filing their claim more than two years after the alleged date of loss. The carrier denied coverage for the claim based on a pre-suit engineering support, as well as prejudice to the carrier due to delayed reporting of the claim and prior intervening repairs. Plaintiffs filed the subject lawsuit alleging breach of contract against our client.
The parties proceeded to a non-binding arbitration, where Nicole argued that Plaintiffs’ alleged damages were not caused by Hurricane Irma, as corroborated by pre-suit engineering support. She also raised that Plaintiffs breached their policy and prejudiced the carrier by failing to comply with the policy’s post-loss duties to provide prompt notice of the claim and show the damaged property. Following the parties’ arguments, an award was entered on behalf of the defense, finding that Plaintiffs were to take nothing under the Policy.
While Plaintiffs timely filed a Motion for Trial de Novo, Nicole had filed a two-ground Motion for Summary Judgment, premised on the same arguments, which was pending before the Circuit Court in Lee County and scheduled for a hearing in June.
Nicole’s unwavering focus and meticulous preparation enabled her to deliver optimal results for our client. Plaintiffs, faced with Nicole’s formidable defense, chose to walk away and voluntarily dismiss their lawsuit with prejudice, saving our client $110,000.00 in claimed damages and fees.