March 3, 2025
ShareKelley Kronenberg’s Strong Defense Leads to Dismissal in Hurricane Ian Case
Kelley Kronenberg Partner Candice A. Magee achieved an outstanding victory for our insurance company client in Broward County, Florida, successfully resolving a Hurricane Ian claim that carried approximately $80,000.00 in exposure plus attorneys’ fees and costs.
The case involved a denied Hurricane Ian claim where the plaintiffs alleged wind damage to their property. Candice strategically built a defense centered on the “No Peril Created Opening” exclusion, demonstrating that no covered opening existed to allow water intrusion during the storm.
After developing compelling evidence supporting the denial, Candice filed a Motion for Final Summary Judgment. The strength of her legal position became evident when the plaintiffs voluntarily dismissed their lawsuit on the eve of their response deadline rather than contest the motion.
This victory highlights Candice’s tactical approach to hurricane litigation and her ability to leverage key policy exclusions effectively, resulting in significant cost savings for the carrier without any settlement payment. The case exemplifies how targeted motion practice can resolve claims efficiently when supported by solid technical defenses.
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