August 30, 2024

Strategic Defense Leads to Full Dismissal in $68,500 Windstorm Claim

Partner Christian Williams of Kelley Kronenberg’s First Party Property Division secured a significant victory for Citizens Property Insurance Corporation in a recent windstorm claim case. 

The plaintiff filed a breach of contract action against Citizens, seeking $68,500.00 in damages. Facing a potential exposure of $150,000.00, Christian mounted a robust defense, citing wear, tear, and deterioration, absence of a peril-created opening, and lack of direct physical loss. 

In a strategic move, Christian prepared a compelling Motion for Summary Judgment. On the eve of the hearing, the plaintiff agreed to a walkaway in exchange for a dismissal with prejudice. 

This case exemplifies how proactive legal strategy can lead to favorable outcomes, even in high-stakes property insurance claims.  

By avoiding protracted litigation, Williams not only saved our client from significant financial exposure but also demonstrated the firm’s commitment to efficient and effective resolution of property insurance disputes. 

Stay abreast of the most current developments in First-Party Property Insurance law with our newsletter, “In the Know: First-Party Property Edition.” Read the latest issue here: https://www.kelleykronenberg.com/newsletter/first-party-property-newsletter-april-may-2024-edition/  

Interested in reading more wins by Kelley Kronenberg’s First-Party Property Team? Click here: https://www.kelleykronenberg.com/category/case-win/