October 19, 2023Share
Kelley Kronenberg Motion for Summary Judgment Leads to Plaintiff’s Dismissal of AOB Claim
Kelley Kronenberg Partner, Austin Miniard, secured another significant victory in obtaining Plaintiff’s Notice of Voluntary Dismissal in response to Defendant’s Motion for Summary Judgment. The first-party property insurance case involved an Air Quality Assessors Assignment of Benefits (AOB) claim.
Plaintiff filed suit, alleging that the insurers’ failure to pay numerous invoices for “LAC Consultations” and “Asbestos Testing” constituted a breach of the insurance contract. Central to the case was a Limited Water Damage Endorsement within the policy, which Mr. Miniard successfully demonstrated had been fully met and paid out by the insurer. This led Mr. Miniard to argue that our client owed no further coverage.
Rather than proceeding to a hearing, Plaintiff opted to dismiss its own case, accepting the responsibility for the entirety of its own costs and fees. The Water Damage Endorsement was deemed to apply to the unpaid invoices at the heart of the lawsuit, thus releasing our client from any obligation to provide additional coverage.
This remarkable success highlights the unparalleled skill of Kelley Kronenberg’s First-Party Property Insurance Defense Division and Mr. Miniard’s steadfast dedication to continually securing positive results for our clients.