Kelley Kronenberg Practice Partner Coral Lerner secured a dismissal with prejudice on behalf of First Protective Insurance Company in a first-party property case filed in Orange County Court. 

The insured originally reported wind and hail damage to the roof with interior water leaks. The insurer subsequently paid for the roof under a separate wind claim. The subject lawsuit sought recovery for interior damages, but the evidence showed those same interior damages had been documented as far back as 2021 in a prior claim, establishing that they were pre-existing and unrelated to the covered loss. 

Coral served a 57.105 motion for sanctions on the plaintiff and plaintiff’s counsel, putting them on notice that the claims were without merit. Shortly after the safe harbor period ran, the plaintiff dismissed the case with prejudice. The client paid nothing and was spared the costs and uncertainty of continued litigation. 

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

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