STORY FROM: Superstorm Sandy Insurance Litigation

Policyholder’s Coverage Action Arising From 2007 Hailstorm Untimely, N.Y. Federal Judge Rules

NEW YORK — An insurer is not liable to a policyholder for property damage caused by a massive 2007 hailstorm because it failed to file its breach of contract action against the insurer within 12 months from the date of the storm, a New York federal judge has ruled.

On Dec. 14, U.S. District Judge Kenneth M. Karas of the U.S. District Court for the Southern District of New York awarded Commonwealth Insurance Co. summary judgment on breach of contract and unjust enrichment claims asserted by TN Metro Holdings. The judge explained that the policyholder should have filed the instant ...

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