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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

Policy’s $1 Million Flood Coverage Cap Applies to Debris Removal, N.J. High Court Rules

The owner of an apartment complex is not entitled to coverage for debris removal over and above the policy’s $1 million sublimit for flood losses, the New Jersey Supreme Court has ruled, holding that the policy clearly states that the cap will apply even if more than one limit of insurance applies.


Insurer’s Subrogation Claim Against City Time-Barred, N.Y. Federal Judge Rules

An insurer’s claims for contribution and indemnity filed against the City of New York in a Superstorm Sandy property damage dispute constitutes a subrogation action and must be dismissed as time-barred, a federal judge has ruled.


Homeowner’s Tropical Storm Irene Claims Time-Barred, N.J. Federal Judge Rules

Breach of contract and bad faith claims asserted against an insurer in a Tropical Storm Irene case are time-barred under the policy’s limitations period because the lawsuit was filed more than two years after the insurer’s unequivocal denial of coverage, a New Jersey federal judge has ruled.


Policy Does Not Cover $1.9 Million in Business Income Losses, N.J. Federal Judge Rules

A policyholder cannot recover $1.9 million in business income losses resulting from a loss of electricity during Superstorm Sandy because the power outage was caused by damage to overhead transmission and distribution lines, which is not covered under the “all risk” policy, a New Jersey federal judge has ruled.


Federal Judge Refuses to Reconsider $1.14 Million Default Judgment Against Insurer in Hail Damage Case

An Illinois federal judge refused to reconsider the entry of a $1.14 million default judgment against an insurer in a hail damage action, ruling that the insurer’s failure to respond to the policyholder’s summons and complaint was inexcusable.


Yacht Company Sues Insurers in N.J. Federal Court for Storm-Related Damage Coverage

A yacht company has sued its insurers in New Jersey federal court, demanding coverage for damage to its premises and property caused by two heavy rainstorms in 2011.


Majority of Issues in Ill. Federal Condo Storm Damage Action Sent to Appraisal

An Illinois federal judge has sent a majority of the issues in a condominium storm damage coverage action to appraisal, finding they do not present legal questions that can only be resolved by the court.


Texas Appellate Court Upholds Award of Summary Judgment to Insurer in Storm Damage Case

A Texas appeals court said a homeowners’ insurer was properly awarded summary judgment in a storm damage action because the policyholders failed to present evidence that the loss occurred within the policy period.


Take-Nothing Judgment Upheld in Texas Hurricane Ike Action

A Texas appellate court has upheld a take-nothing judgment in favor of an insurer in a hurricane property damage case, finding the evidence supported the jury’s verdict that the carrier did not breach the policy.


4th Cir. Reverses Award to Policyholders in Flood Case, Says Lawsuit Time-Barred

A federal appeals court reversed an award of $764,157 to plaintiffs in a flood damage coverage action, finding their lawsuit against the insurer is time-barred because it was not filed in federal court within the policy’s one-year limitations period.


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