March 22, 2023Share
Kelley Kronenberg Secured Final Summary Judgment in Complete Defense Win
Kelley Kronenberg Partner and First-Party Property Department Chair, Jeffrey Wank, secured Final Summary Judgment for our client, Tower Hill Signature Insurance Company, based on Plaintiff’s failure to comply with the option to repair provision of the insurance policy.
This case involved a claim for damages to Plaintiff’s home arising from a windstorm. Plaintiff reported the loss to Tower Hill, who promptly sent an independent adjuster to inspect the property in accordance with the terms and conditions of the policy. Upon completion of its claim investigation and less than thirty (30) days after the claim was reported, Tower Hill accepted full coverage for the loss and informed the Plaintiff that it was invoking its Option to Repair pursuant to the Policy. Significantly, no part of the claim was denied, and the parties agreed on the scope of damages to replace the roof. Unfortunately, despite Florida law holding that the Option to Repair is a valid and binding means to adjust a claim, Plaintiff did not permit Tower Hill to repair his property; rather, he opted to file a lawsuit for breach of contract.
Tower Hill moved for final summary judgment that the Option to Repair was properly invoked, and Tower Hill was permitted to proceed with repairs. The Court concluded that Plaintiff’s lack of cooperation prevented Tower Hill from fulfilling its contractual obligation to complete repairs. The Judge found, as a matter of law, that the Option to Repair was valid and binding, that Plaintiff failed to comply with the Option to Repair provision and materially breached the policy; and, as such, Tower Hill was entitled to summary final judgment.
Tower Hill now seeks the recovery of its attorney’s fees and costs for defending this matter.