N.Y. Federal Judge Remands Sandy Action, Finds Plaintiff Has Viable Claims Against Nondiverse Agent

NEW YORK — A New York federal judge has remanded a Superstorm Sandy coverage action, ruling that the plaintiff has a viable claim against the nondiverse defendant, an insurance agent, for failing to procure the coverage it requested.

On Jan. 21, Judge John F. Keenan of the U.S. District Court for the Southern District of New York found the plaintiff made a specific, rather than general, request for a certain type of coverage not provided in the policy. Therefore the plaintiff could at least possibly recover against the agent for its alleged failure to provide the coverage it requested, the …