May 20, 2025

Strategic Defense Leads to Pre-Motion Dismissal in AOB Case

Kelley Kronenberg Partner Kathrine Conroy secured a dismissal with prejudice with no payment in an Orange County, Florida assignment of benefits case stemming from Hurricane Ian. 

The case involved a contractor who had obtained an assignment of benefits from a property owner and subsequently filed suit alleging breach of contract. The claim sought over $15,000.00 plus attorneys’ fees, costs, and interest, with total potential exposure exceeding $30,000.00. 

Kathrine identified that the property owner had previously executed a release related to the same property damage claim. This release contained indemnification language protecting against third-party claims with no specific exclusion for the assignment of benefits at issue. 

After communicating this decisive legal issue to opposing counsel, they voluntarily dismissed the case with prejudice before any dispositive motion was filed, resulting in no payment to resolve the matter. 

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