March 14, 2024

KK Secures Impressive Victory for TypTap Insurance in First-Party Property Case

Kelley Kronenberg Attorney Coral Lerner, alongside Partner and Business Unit Leader Scott Dornstein, spearheaded a victory for TypTap Insurance in Charlotte County, Florida. In a challenging First-Party Property case, our team demonstrated unwavering dedication and skill, resulting in a favorable outcome through mediation. 

The case unfolded with the homeowner’s claim of $389,605.59 in damages following Hurricane Ian. TypTap Insurance responded promptly, providing coverage totaling $22,830.41, which included a $10,500.00 deductible, for necessary roof replacement and minor interior and exterior repairs. However, the situation escalated when the homeowner initiated legal action against TypTap, alleging breach of contract and seeking the entire claim amount. 

In response, our team, led by Coral Lerner, meticulously crafted a defense strategy that challenged the excessive estimate and unnecessary repairs. Notably, TypTap did not raise any coverage defenses, highlighting our confidence in the integrity of our client’s position. 

The crux of the matter lay in the significant disparity between the claimed damages and the actual scope of necessary repairs. With a Public Adjuster’s estimate reaching $387,436 and a contractor’s estimate at $96,000, our team meticulously scrutinized each line item, challenging those lacking substantial proof of damage. Despite challenges such as the contractor’s absence at deposition, our team adeptly leveraged the plaintiff’s deposition and evidence of direct payments by the insured, exceeding $130,000. 

Through skillful negotiation and steadfast advocacy, our team achieved an outstanding resolution. We settled the case at mediation for a mere 23% of the highest demand. This victory not only saved TypTap significant financial resources but also underscored our firm’s ability to navigate complex legal challenges while avoiding the costs and uncertainties of protracted litigation.