March 24, 2025
ShareKelley Kronenberg Secures Dismissal in Six-Figure Hurricane Ian Claim
Kelley Kronenberg Partner Candice Magee secured a significant victory for Citizens Property Insurance Corporation in Miami, Florida, successfully resolving a Hurricane Ian claim with potential exposure exceeding $95,000.00, plus attorneys’ fees and costs.
The plaintiffs filed suit alleging breach of contract after their Hurricane Ian claim was denied. The case centered on Citizens’ position that there was “No Peril Created Opening”—a critical policy exclusion that applied when no wind-created opening allowed water to enter and damage the property.
After building a compelling defense supporting the carrier’s denial, Candice filed a strategic motion for final summary judgment that presented the legal and factual arguments so effectively that the plaintiffs voluntarily dismissed their case with prejudice rather than file a response.
This victory highlights the effectiveness of Candice’s targeted approach to hurricane litigation and her ability to leverage key policy exclusions, resulting in complete dismissal without any settlement payment. The case demonstrates how well-executed motion practice can efficiently resolve even substantial claims when supported by sound technical defenses.
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