September 18, 2024
ShareKelley Kronenberg Secures Dismissal for Citizens in Tarp Invoice Dispute
Kelley Kronenberg Partner Kathrine Conroy of the firm’s First-Party Property Division secured a favorable outcome for Citizen’s Property Insurance in Osceola County, Florida. The case, presided over by Judge Pulayya, involved a tarp company seeking payment for an allegedly excessive invoice.
On behalf of the defendant, Citizen’s Property Insurance, Kathrine mounted an aggressive defense. Initially, the opposing counsel agreed to dismiss a count for quantum meruit in response to a 57.105 motion. Subsequently, Kathrine filed a Motion to Dismiss, challenging the tarp company’s standing due to an invalid Assignment of Benefits (AOB).
The plaintiff’s claims centered on seeking payment for what was characterized as an excessive tarp invoice. The defense raised two key arguments: the invalidity of the AOB under the AOB statute and the abrogation of quantum meruit by statute.
Kathrine’s legal analysis revealed that the assignment under which the tarp company filed suit was invalid according to the AOB statute. After rejecting a nominal Proposal for Settlement, the opposing counsel opted to dismiss the case rather than proceed to a hearing on the defendant’s Motion to Dismiss.
The estimated exposure included the invoice amount plus potential attorney’s fees. However, the case concluded with the opposing counsel voluntarily dismissing the case without any payment from the carrier.
This outcome represents a significant win for Citizen’s Property Insurance, effectively neutralizing the claim without financial liability. Kathrine’s strategic approach and thorough understanding of the AOB statute were instrumental in achieving this favorable result. We extend our sincere gratitude to Citizens Property Insurance for entrusting us with their representation in this matter, allowing us to successfully defend their interests.
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