Kelley Kronenberg Practice Partner Nicole Lazaroff and Partner and Business Unit Leader Jordan Lande secured a zero-dollar walk-away dismissal with prejudice in a Hurricane Milton property case filed in Manatee County. 

The plaintiff homeowner filed a breach of contract action claiming the insurer underpaid a Hurricane Milton claim. The insurer had opened coverage for tile roof repairs, window replacement, and repairs to shutters, soffits, paint, and a lamp, as well as food loss. The plaintiff alleged the payment was insufficient and filed suit seeking approximately $140,000. 

Nicole and Jordan filed an answer and affirmative defenses asserting that full payment had already been tendered and that the plaintiff’s demand was unreasonable in both price and scope. The defense also raised policy exclusions for wear and tear, manufacturing defect, and improvements not necessitated by a covered peril, as well as a defense based on the plaintiff’s failure to accurately represent true repair costs in a sworn proof of loss. The team also filed a motion to strike bad faith allegations that had been improperly asserted in the complaint. 

Prior to a hearing on that motion, the plaintiff’s counsel reached out to discuss a walk-away dismissal. Nicole and Jordan negotiated a dismissal with prejudice in exchange for no payment, barring any future suit on the claim and eliminating six-figure exposure for the insurer. 

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

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