STORY FROM: Superstorm Sandy Insurance Litigation

Mass. Federal Judge Denies Motions for Summary Judgment in Erosion Action

BOSTON — A Massachusetts federal judge has denied motions for summary judgment in a case involving a vacation home that had to be demolished after a storm resulted in severe erosion of the bluff upon which it sat, finding questions of fact as to whether the loss was covered under an excess flood policy.

On Nov. 17, Chief Judge Patti Saris of the U.S. District Court for the District of Massachusetts said the record is undeveloped as to whether the cause of the loss was gradual erosion or erosion specifically caused by the storm.

Samuel and Ann Furrow purchased ...

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Wilson, Elser, Moskowitz, Edelman & Dicker

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