Kelley Kronenberg Partner Adekemi Akinwole secured a complete victory for American Integrity Insurance Company of Florida in Orange County Circuit Court, obtaining a dismissal with prejudice of water damage claims seeking damages in excess of $50,000.00. 

The case involved a plaintiff who filed suit for two separate water claims that were properly denied by American Integrity due to a lack of coverage for plumbing losses under the policy. Upon receiving the transferred file, Adekemi immediately identified the fundamental coverage issue and developed an aggressive motion strategy. 

Rather than filing a standard motion to dismiss, Adekemi took a dual approach that maximized pressure on the opposing party. She filed an Amended Motion to Dismiss based on the clear lack of coverage under the policy terms, while simultaneously filing a Motion for Sanctions alleging that the plaintiff knowingly filed a case lacking sufficient factual and legal support. 

This strategic combination of motions placed the plaintiff in an untenable position. Not only would they need to defend against the coverage arguments, but they would also face the prospect of sanctions for pursuing claims that lacked merit from the outset. 

The effectiveness of Adekemi’s approach became evident as the hearing date approached. Rather than attempt to defend both motions before the court, opposing counsel chose to dismiss the case with prejudice on the eve of the hearing, eliminating all exposure for American Integrity. 

This outcome demonstrates the power of strategic motion practice in insurance defense, particularly when combining substantive legal challenges with procedural consequences. By properly identifying coverage deficiencies and leveraging appropriate sanctions mechanisms, Adekemi achieved an optimal result efficiently and cost-effectively. 

For additional successes and details about our first-party property insurance defense practice, click here.

Stay abreast of the latest developments in first-party property insurance law with our newsletter, “In the Know: First-Party Property Appellate Edition.” Get the latest edition here.