Issue of Material Fact Bars Flood Insurer’s Motion for Summary Judgment in Sandy Action

NEWARK, N.J. — A New Jersey federal judge has denied a flood insurer’s motion for summary judgment in a Superstorm Sandy coverage dispute, finding an issue of material fact as to whether the insured complied with the policy’s proof-of-loss requirement.

In a March 20 order, Judge Susan Wigenton of the U.S. District Court for the District of New Jersey explained there is evidence that the insured submitted acceptable proof of his additional flood damage claim.

Thomas Tennis’ Brick, N.J., home was insured under a Standard Flood Insurance Policy issued by Selective Insurance Company of America. The policy provided that …