June 11, 2024

KK Secures Dismissal in Sarasota First-Party Property Insurance Case

In a recent victory for our client, American Integrity Insurance Company of Florida, the plaintiff voluntarily dismissed their case on the eve of our Motion for Summary Judgment hearing. Practice Partner Nadine Mathieu, and Partners and Business Unit Leaders Derek Goldsmith and Todd Schwartz, skillfully navigated this first-party property insurance case, which was pending before Judge Hunter W. Carroll of Florida’s 12th Judicial Circuit in Sarasota. 

The plaintiff filed suit under two counts for breach of contract, seeking damages for two separate claims valued together at $245,000.00. Our team presented a compelling argument, asserting that the costs associated with the plaintiff’s estimate for biohazard mitigation were not compensable under the policy. Furthermore, we contended that the plaintiff’s Assignment of Benefits (AOB) failed to comply with Florida Statute § 627.7152 and that the plaintiff had failed to provide prompt notice of the claim before filing suit. 

Thanks to the aggressive tactics and comprehensive litigation plan employed by our seasoned attorneys, the plaintiff recognized the strength of our defense and chose to voluntarily dismiss the case without prejudice. 

Learn more about Kelley Kronenberg’s First-Party Property Insurance Defense Division: https://www.kelleykronenberg.com/our-practices/first-party-insurance-defense-coverage-bad-faith/  

To stay updated on the most important developments in first-party property law, read our newsletter, “In the Know: First-Party Property Edition.” Get the latest issue:  https://www.kelleykronenberg.com/newsletter/first-party-property-newsletter-april-may-2024-edition/  

Read more of our First-Party Property case wins: https://www.kelleykronenberg.com/category/case-win/