Kelley Kronenberg Partner Candice Magee secured a dismissal with prejudice for our insurance carrier client in a Sumter County, Florida first-party property case—just one day after serving a safe harbor letter for sanctions. 

The plaintiff filed a breach of contract action claiming approximately $30,000 in wind damages with an alleged date of loss in April 2020. But the timeline told a different story. 

The insured had cancelled his policy with the carrier 15 months before reporting the claim. He then obtained homeowners insurance from a different carrier, submitted a claim to that carrier, and replaced the roof. Three years after the alleged date of loss, he filed suit against our client. 

Candice raised fraud and concealment defenses and went on offense. She filed a Motion for Summary Judgment arguing there was no peril-created opening, along with a second Motion for Summary Judgment based on fraud. She also served a safe harbor letter for a Motion for Sanctions under Florida Statute § 57.105. 

The plaintiff dismissed the case with prejudice the day after the safe harbor letter was served. 

This case demonstrates the importance of investigating the full claims history. The insured’s decision to cancel the policy, obtain new coverage, file a claim elsewhere, replace the roof, and then sue the former carrier years later unraveled under scrutiny. Aggressive motion practice and the threat of sanctions brought the case to a swift end. 

Learn more about the firm’s First-Party Property and Coverage Division; click here: https://kelleykronenberg.com/our-practices/first-party-insurance-defense-coverage-bad-faith/  

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