STORY FROM: Superstorm Sandy Insurance Litigation

Sandy Claim Was Untimely, N.J. Federal Judge Rules in Awarding Insurer Summary Judgment

TRENTON, N.J. — A New Jersey federal judge has awarded an insurer summary judgment in a Superstorm Sandy insurance action, ruling that the policyholder’s claim was untimely because it was filed outside of the policy’s one-year limitations period.

On March 15, Judge Kevin McNulty of the U.S. District Court for the District of New Jersey rejected the insured’s argument that the limitations period was tolled, noting that no inequitable conduct or reliance has been alleged.

Robin Preston’s Asbury Park, N.J., home was damaged by wind during Superstorm Sandy on Oct. 29, 2012. Preston submitted a claim with her homeowner’s insurer, ...

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