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Superstorm Sandy Insurance Litigation

This online and monthly print report is the only resource tracking insurance coverage litigation filed in the wake of Superstorm Sandy. The report not only offers a continuous feed of information on relevant disputes over coverage of flood, surge and wind damage, sewage backup, business interruption caused by power outage, civil authority and ingress/egress restrictions and the myriad other issues impacting insurers and their insureds along the East Coast, but it also examines relevant cases across the country that involve hurricane-related claims.


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Current Issue

Broker’s Tort-Based Claims Against WYO Insurer Preempted, N.J. Federal Judge Rules

Tort-based claims asserted by a broker against a Write Your Own flood insurer in a third-party complaint are preempted by the National Flood Insurance Act because they are grounded in claims handling, a New Jersey federal judge has ruled.


Sanctions Must Be Limited to Fees Incurred Due to Bad Faith Conduct, High Court Rules

In sanctioning a party’s bad faith litigation conduct by ordering it to pay the other party’s legal fees, the award must be limited to the fees the innocent party incurred solely due to the misconduct, the U.S. Supreme Court has unanimously held.


FEMA Flood Zone Exclusion Ambiguous, N.Y. Appellate Court Rules in Sandy Coverage Dispute

A New York appellate court has upheld a denial of cross-motions for summary judgment in a Superstorm Sandy flood damage action, finding the policy exclusion concerning FEMA flood zones is ambiguous, requiring the admission of extrinsic evidence.


Action Demanding Payment of Superstorm Sandy Appraisal Award Untimely, N.Y. Judge Rules

A New York judge has dismissed a real estate company’s action demanding payment of an appraisal award for Superstorm Sandy-related property damage, ruling that the action was not filed within the two-year limitations period set forth in the insurance policy at issue.


Texas Federal Judge Denies Insurer Summary Judgment on Hail Damage Claim

A Texas federal judge has denied an insurer’s motion for summary judgment on breach of contract claims in a hail damage case, finding there are questions of fact as to whether the loss falls within the policy’s “cosmetic damage” exclusion.


N.M. Federal Judge Orders Bifurcation of Trial in Hailstorm Coverage Action, Citing Judicial Economy

A New Mexico federal judge has ordered bifurcation of the trial of breach of contract claims from the trial of bad faith and other extra-contractual claims in a hailstorm coverage action, ruling that it will promote judicial economy because the extra-contractual claims are contingent on the breach of contract claim.


Jury Must Decide Whether Parties Settled Superstorm Sandy Coverage Claims, N.J. Federal Judge Rules

A jury must decide whether a policyholder and an insurer agreed to settle Superstorm Sandy wind damage claims, a New Jersey federal judge has ruled, finding conflicting evidence as to whether the parties reached an agreement concerning repair costs.


N.J. Federal Judge Denies Insureds’ Motion for Summary Judgment In Irene, Sandy Damage Action

Questions of fact exist as to whether a property insurer’s payments for damages caused by Hurricane Irene and Superstorm Sandy to a home were improperly calculated, a New Jersey federal judge has ruled in denying the policyholders’ motion for summary judgment.


Questions of Fact Exist As to Cause of Damages in Superstorm Sandy Action, N.J. Federal Judge Rules

A New Jersey federal judge has denied in part an insurer’s motion for summary judgment on claims for damages to two supermarkets that allegedly occurred during Superstorm Sandy, finding issues of fact as to whether the cause of the damages were covered under the policies.


Texas Federal Judge Remands Hail Damage Action, Says Nondiverse Adjuster Properly Joined

A Texas federal judge has remanded a hail damage coverage action to state court, ruling that the plaintiffs have alleged viable claims under the state insurance code against a nondiverse defendant accused of improperly adjusting the insurance claim.


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