STORY FROM: Superstorm Sandy Insurance Litigation

Superstorm Sandy-Related Damage to Buildings Not Covered, N.Y. Judge Rules

MINEOLA, N.Y. — A New York judge has awarded an insurer summary judgment on breach of contract and bad faith claims in a Superstorm Sandy coverage action, finding the evidence showed that the damage was caused by flooding, which is excluded from coverage under the policy.

In a Nov. 4 order, Judge Arthur M. Diamond of the Nassau County Supreme Court also ruled in favor of the insurer on the plaintiff’s deceptive business practices claim, finding the insurer did not materially mislead the plaintiff as to the scope of coverage afforded under the policy.

Five Towns Mason Materials Inc. owned ...

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