Insurer Denied Summary Judgment on Anti-Concurrent Causation Clause Issue in Sandy Case

NEW YORK — A New York judge has denied an insurer’s motion for summary judgment in a Superstorm Sandy flooding case, ruling that questions of fact exist as to whether the policy’s “anti-concurrent causation” exclusion is “consistent with the reasonable expectations of the average insured” purchasing special coverage for losses caused by the failure of the municipal sewer system.

In a Jan. 24 order, Judge Philip Minaro of the New York County Supreme Court further held that experts are needed to determine whether or not the circumstances of the action represent a covered failure of the sewer system under the …