October 19, 2023

Summary Judgment Secured in First-Party Property Case, Saving our Client Over $116k

Kelley Kronenberg’s First-Party Property Insurance Defense Team, led by Partners Jake Huxtable and Melissa A. Usher, and Attorney Zachary Schiffman, secured a remarkable win for our client, Homeowners Choice, in a complex breach of contract case stemming from a Hurricane Irma claim. 

Despite facing a challenging three-year legal battle, including intense depositions and rigorous motion practice, our team skillfully obtained a summary judgment at a crucial juncture. Leveraging the recent change in Florida law, which demanded Homeowners Choice to prove actual prejudice, Mr. Huxtable successfully discredited Plaintiff’s expert opinions as inadmissible and unreliable. The expert’s assessment was proven impossible as the damaged flooring was removed years before the inspection, clearly demonstrating the prejudice suffered by Homeowners Choice. 

This strategic legal move not only secured a favorable judgment for Homeowners Choice but also led to the case’s complete dismissal. Moreover, the ruling paves way for the recovery of Homeowners Choice’s attorneys’ fees due to the expiration of a Proposal for Settlement, with the Court retaining jurisdiction for a thorough assessment. 

This landmark victory showcases the unparalleled skill and dedication of our team, underscoring our firm’s commitment to achieving the best possible outcomes for our clients.