September 7, 2023
ShareKelley Kronenberg’s Strategic Resolution of AOB case Saves Client from Mounting Costs
In a recent legal battle marked by strategic maneuvering, Kelley Kronenberg Attorney, Coral Lerner, assisted by partner, Scott Dornstein, achieved a significant victory for our client in the face of a looming Motion for Summary Judgment hearing. The case revolved around an Assignment of Benefits (AOB) entered into by the insured with Kidwell Group d/b/a AQA.
Coral Lerner filed a Motion for Summary Judgment based on the invalidity of the AOB. The primary arguments centered on the failure to provide a per-unit cost estimate of services and the contention that the engineering report was not compensable under the policy.
The case, presided over by the Honorable Judge Buie, had dragged on for over a year, with the plaintiff’s counsel employing dilatory tactics to forestall the hearing on our Motion for Summary Judgment. Unrelenting, Coral Lerner secured an order from Judge Buie, mandating that the Motion for Summary Judgment must be set for a hearing within thirty days.
Crucially, Judge Buie had previously ruled in a related case, Kidwell a/a/o Tang (case no. 2022SC002131), that an invoice did not suffice as an estimate for AOB purposes. This ruling set a precedent that Coral Lerner successfully argued for and maintained in subsequent proceedings, making it evident that our Motion for Summary Judgment had a solid legal foundation.
Recognizing the potential for an unfavorable judgment, plaintiff’s counsel made a strategic move by reaching out to request the revival of a $1,000.00 Proposal for Settlement, which had been previously provided by our client. Coral Lerner responded boldly by offering $1,000.00 in exchange for a full and final release, emphasizing that the acceptance of a Proposal for Settlement could not be contingent on the execution of a release. This tactical maneuver ensured the comprehensive release of all claims by AQA, effectively shielding our client from further liability.
Our client had faced the prospect of a $3,000.00 invoice and substantial fees and costs, given the protracted nature of the litigation, which had spanned over a year and a half with no settlement in sight. Coral Lerner’s astute legal strategy not only preserved our client’s interests but also spared them from escalating financial exposure, making this case a testament to our firm’s commitment to delivering favorable outcomes through strategic legal expertise.