Kelley Kronenberg Practice Partner Coral Lerner secured a voluntary dismissal for her insurance carrier client in a Seminole County, Florida first-party property case after uncovering that the plaintiffs had been paid for a full roof replacement years earlier—but never completed the work. 

The plaintiffs filed a breach of contract action claiming approximately $45,000.00 in roof damages allegedly caused by hail. The carrier had denied the claim during its pre-suit investigation. 

The key discovery came during Coral’s response to a Civil Remedy Notice. She identified a prior claim from 2015 in which the carrier had already paid the plaintiffs for a total roof replacement at the same property. There was no evidence the replacement had ever been completed. 

Coral laid out these findings in the CRN response, putting the plaintiffs on notice of the prior claim payment and the overlapping damages. When the plaintiffs filed suit anyway, Coral issued a safe harbor letter for a Motion for Sanctions under Florida Statute § 57.105, alleging that the lawsuit was frivolous given the undisputed prior payment and lack of evidence that the roof had been replaced. 

Faced with the prospect of sanctions, the plaintiffs voluntarily dismissed the case—without Coral ever needing to file the motion. 

This case illustrates the value of thorough pre-suit investigation. By identifying the prior claim and documenting the overlap before litigation, Coral positioned the defense to end the case quickly and without unnecessary expense. 

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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