January 8, 2025
ShareKelley Kronenberg Defeats $75K Storm Claim on Technical Merit
Kelley Kronenberg Partner Todd Schwartz and Attorney Sarah Landers, with critical support from Legal Assistant Racheal Yowell, secured summary judgment in Collier County Circuit Court, successfully defending Westchester Surplus Lines Insurance Company in a Hurricane Ian case with an estimated exposure of approximately $75,000.00.
The case stemmed from a September 2022 Hurricane Ian claim where the plaintiff, a restoration company, sought to recover benefits through an Assignment of Benefits (AOB) agreement. The plaintiff’s sizeable demand was based on alleged hurricane damage to the roof causing water intrusion to multiple floors.
Sarah and Todd successfully argued that the plaintiff’s AOB was invalid under Florida Statute §627.7152, which requires a written, itemized, per-unit cost estimate of services to be performed. The defense team demonstrated that the plaintiff’s documentation merely contained a generic price list of potential services rather than the property-specific estimate required by law.
Judge Joseph G. Foster agreed, citing recent appellate decisions including Total Care Restoration, LLC v. Citizens Property Ins. Co. The Court found that the AOB’s failure to comply with statutory requirements rendered it invalid and unenforceable, leaving the plaintiff without standing to maintain the action.
Through persistent discovery efforts and strategic motion practice, our team secured a complete victory that not only protected the client from substantial exposure but also preserved their opportunity to recover attorneys’ fees and costs.
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