STORY FROM: Superstorm Sandy Insurance Litigation

Restaurant’s Superstorm Sandy Claim Clearly Falls Within Flood Loss Exclusion, N.Y. Judge Rules

NEW YORK — An insurer properly denied a restaurant owner’s claim for Superstorm Sandy-related damages, a New York judge has ruled, because the policy unambiguously excludes coverage for any loss caused by flood.

In an Oct. 14 order, Judge Cynthia Kern of the New York County Supreme Court explained that the policy clearly excludes from the definition of “Covered Cause of Loss” any loss caused by flood.

La Casa Di Arturo Inc., d/b/a Arturo’s alleges that it incurred damages on Oct. 29, 2012, as a result of Superstorm Sandy. In particular, the restaurant says it “sustained losses and damages including ...

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