February 19, 2025

Kelley Kronenberg Secures Zero-Dollar Resolution in Hurricane Ian Case

Kelley Kronenberg Attorney Samuel Jacobs secured a significant victory for Citizens Property Insurance Corporation in Polk County, with the instrumental support of Legal Assistant Alexandria Wallis. Samuel obtained a voluntary dismissal with prejudice in a Hurricane Ian damage claim. The plaintiffs sought nearly $190,000.00, plus attorney’s fees and costs, alleging wind damage to their roof and windows caused interior water intrusion and damage. 

The defense centered on the policy’s “No Peril Created Openings” exclusion, which requires policyholders to prove that wind created an opening allowing water to enter and cause interior damage. Through aggressive discovery practices, Samuel successfully pressured the plaintiffs into requesting a “walk away” dismissal, with Citizens agreeing only to forgo pursuit of attorney’s fees and costs. 

This strategic approach effectively resolved a case with well over $200,000.00 in potential exposure without any settlement payment, demonstrating the power of thorough discovery practices in defending against hurricane damage claims. 

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