N.Y. Judge Denies Motions for Summary Judgment in Dispute Over Coverage for Destroyed Vehicles

NEW YORK — In a dispute over coverage for vehicles that were destroyed by Superstorm Sandy, a New York judge denied the insured dealership’s motion for summary judgment based on the “made whole” doctrine, holding that the doctrine does not apply in this case because there is no third party that can be held legally responsible for the loss.

On Aug. 8, Judge Jeffrey Oing of the New York County Supreme Court also denied the insurer’s cross-motion for summary judgment, finding a question of fact as to whether the insurer waived the policy’s weather coverage requirement, thereby allowing the dealership …