Kelley Kronenberg Partner Carlos Carmona, with key support from Legal Assistant Yuly De Armas, secured the withdrawal with prejudice of a suspected fraudulent collision coverage claim on behalf of the insurer in a matter involving a Lamborghini Huracan with nearly $200,000.00 in exposure. 

The insured reported the vehicle stolen, claiming she had loaned it to a friend who had it at a car show in Orlando. The vehicle was later found crashed and submerged in a pond in Orlando and declared a total loss. The insured sought full collision coverage for the loss. 

The investigation quickly raised serious questions. Despite being insured in Florida, the vehicle was registered to a person in California. Records revealed the vehicle had been involved in a prior loss only months earlier in Miami while being rented out to a third party. Carlos and his team investigated multiple potential grounds for denial, including questions about vehicle ownership and insurable interest, fraud in the application, and whether the vehicle was being rented out at the time of the claimed loss, any of which would have supported exclusion of the claim and a full denial. 

Yuly’s diligent follow-up on scheduling the examination under oath and pursuing outstanding record requests kept the investigation moving and ultimately brought the matter to a head. After the insured submitted to her examination under oath and was confronted with the findings of the investigation, she withdrew her claim with prejudice on advice of counsel. The insurer paid nothing. 

Learn more about the firm’s First-Party Property and Coverage Division: click here. 

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