After nearly three years of contentious litigation, Kelley Kronenberg achieved a complete defense verdict for American Integrity Insurance Company in a Charlotte County first-party property case arising from Hurricane Ian. 

The trial team was led by Jake D. Huxtable (Partner and Business Unit Leader) and Daniel S. Montgomery (Partner and Business Unit Leader), with key support from Jeffrey M. Wank (Chair of First-Party Property and Insurance Coverage), Melissa A. Usher (Partner), Luke A. Sharkey (Partner), Zachary A. Schiffman (Practice Partner), and Edwin Principe (Trial Paralegal). 

Jake and Daniel faced a weeklong trial. The first challenge was selecting a fair and impartial jury given the devastation experienced by the local community in the aftermath of Hurricane Ian. With assistance from the team behind the scenes, they secured a panel. 

On cross-examination, Jake challenged the testimony provided by the plaintiff. His strategy was clear: an honest answer is straightforward, and the plaintiff provided anything but straightforward responses. Jake continued his cross-examination with the plaintiffs’ public adjuster, taking him to task on photographs allegedly showing evidence of mold. Jake effectively discredited the public adjuster by securing testimony that someone in his office “may have” made a mistake and uploaded a photograph of another property. Jake also established through cross-examination of the plaintiffs’ engineering expert that there was no peril-created opening in the roofing system. 

Daniel presented the defense case to the jury. He kept the presentation clear, concise, and forthright, a contrast to the plaintiffs’ lengthy presentation. Daniel secured favorable testimony from the field adjuster regarding his involvement with the claim and the value of the estimated damage, as well as testimony from the carrier’s corporate representative. The plaintiff was later called back to the stand and was forced to admit and reaffirm his prior trial testimony that he had personally spent $0.00 repairing the property while representing that he incurred nearly $300,000.00 in expenses under Coverage A alone previously during the litigation. 

In closing, Jake kept it clear, concise, and simple. He addressed the plaintiffs’ sympathy argument by showing that the claim they wanted to return home was false. The plaintiffs had already purchased a new home an hour away approximately three months after Hurricane Ian, meanwhile completing no repairs to the prior home. Jake concluded by arguing that if the plaintiffs did not care to spend one dollar on repairing the property, then why should the jury care to award them anything at all. He finished closing argument by telling the jury they should award no money to the plaintiffs because “No Honesty means No Money” under the insurance policy. 

The jury returned a complete defense verdict. The client is now positioned to recover over six figures in attorney’s fees and costs. 

This case reflects the collaborative approach at Kelley Kronenberg. When clients retain the firm, they get far more than a single attorney. They get a dedicated team aligned to achieve the best possible outcome. 

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

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