Kelley Kronenberg Practice Partner Patricia Repanova and Partner/Chair of First-Party Property and Insurance Coverage Jeffrey Wank, with support from Legal Assistant Adam Heery, secured summary judgment in a Broward County first-party property case in which the plaintiff sought approximately $550,000.00 in damages, including approximately  $250,000.00 for a complete roof replacement, on a fully denied roof damage claim.  

The claimed date of loss, November 16, 2023, immediately drew the team’s attention. A certified meteorologist confirmed that the subject property was not included in any severe thunderstorm or tornado warnings during that period. What followed was a thorough investigation that revealed a series of facts casting serious doubt on the legitimacy of the claim. 

In December 2023, prospective buyers of the property filed suit against the plaintiff after he refused to allow a scheduled home inspection to proceed and indicated he did not intend to honor the purchase contract. Within days of that refusal, the plaintiff filed an insurance claim with the insurer while already performing multiple undocumented repairs allegedly related to the loss. Aerial photographs analyzed with the assistance of an engineer showed that roof damage above the claimed interior areas dated back to 2016. The plaintiff denied any knowledge of prior roof leaks or repairs during his deposition, but non-party production requests from prior insurance carriers and the plaintiff’s own tenants confirmed prior leaks in the same areas at issue in the lawsuit. The team’s investigation also revealed that the plaintiff had filed for bankruptcy in the years preceding the suit and that the homeowners’ association had documented ongoing issues with the plaintiff renting the property for public-facing events with admission charges and food and beverage sales. 

Our team moved for summary judgment based on the plaintiff’s failure to comply with the policy’s duties after loss provisions. When the plaintiff sought to amend the complaint at the summary judgment stage, just one month before the trial period, the Court denied the request as untimely and granted summary judgment in the insurer’s favor. 

The team holds an expired proposal for settlement and is seeking recovery of attorney’s fees and costs.

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

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