Kelley Kronenberg Partner Candice Magee resolved a first-party wind hail lawsuit in Indian River County, Florida, for under fifteen percent of the estimated exposure. The firm represented Frontline Insurance Company.

The plaintiffs claimed wind and hail damage from a May 24, 2024 date of loss. They did not report the loss until 219 days later. They then served a civil remedy notice and filed suit. The exposure was significant: a pre-suit professional engineer’s inspection had found wind damage to the property, presenting significant exposure for the insurer.

Candice built the defense around two conditions precedent to coverage that the plaintiffs failed to satisfy. The first was timely notice. At 219 days, the plaintiffs reported the loss well after the policy required, and Candice argued that the delay prejudiced the carrier’s ability to investigate. The second was the policy’s requirement that the insured submit an executed sworn proof of loss, which the plaintiffs never did.

Candice was assertive in her discovery. Upon completion of depositions, she filed two motions for summary judgment, one on each ground. The case resolved before the Court could rule on either motion.

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