Kelley Kronenberg Associate Sharmila Singh and Partner and Business Unit Leader Amy Koltnow secured a voluntary dismissal on behalf of an insurance company in a wind and roof property claim filed in Osceola County. 

The insured filed a breach of contract action seeking coverage for alleged wind damage to his roof and interior. After suit was filed, the insured reported a separate claim for roof damage caused by Hurricane Milton. The insurance company covered the cost of a total roof replacement, and the insured replaced his roof. Despite this, the insured continued to litigate the original case, seeking duplicate damages for the same roof replacement. In sworn written discovery responses, the insured stated that no roof repairs had been performed and failed to produce a copy of the roof permit or construction contract. 

Sharmila and Amy developed a focused defense strategy, pursuing a motion for summary judgment ahead of depositions and serving a 57.105 motion for sanctions to place the insured and his counsel on notice of the false statements made in discovery. Faced with the prospect of sanctions, the plaintiff voluntarily dismissed the case. 

This case illustrates the value of thorough investigation and the strategic use of Florida’s sanctions statute to force an opponent to take a hard look at a case that should not have been litigated. 

Learn more about the firm’s First-Party Property and Coverage Division; click here. 

Read our First-Party Property newsletter: https://www.kelleykronenberg.com/category/newsletter/