PUBLICATION

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

N.J. Federal Judge Dismisses $1.5 Million Superstorm Sandy Lawsuit Against Bank

A New Jersey has dismissed for lack of jurisdiction a $1.5 million lawsuit accusing a bank of breaching a mortgage agreement by failing to place force-placed flood insurance policy on a beachfront property before Superstorm Sandy hit.


Insurer Prevails in N.J. Hurricane Irene Coverage Case, Court Says Water Exclusion Applies to Loss

A New Jersey appeals court has upheld an award of summary judgment to an insurer in a Hurricane Irene action, finding the insureds’ loss was caused by flooding, rather than a sewer backup, and is therefore excluded from coverage.


Issue #46, February 2017

N.Y. Appeals Court Upholds Denial of Summary Judgment to Insurer in Sandy-Damaged Restaurant Case

A New York appellate court has upheld denial of an insurer’s motion for summary judgment in a Superstorm Sandy coverage action, finding the evidence did not conclusively establish that an insured restaurant’s losses fell within the policy’s water/flood exclusion.


Building Contractor’s Claim for Water Damage Excluded, 10th Cir. Affirms

A building contractor’s claim for water damage to portions of a building it was renovating is excluded from coverage under its builders’ risk policy because the contractor’s own work had not been damaged, a federal appellate court has ruled.


Insurers May Depreciate Labor Costs When Calculating Actual Cash Value, Neb. High Court Rules

An insurer may depreciate labor costs when calculating actual cash value where the terms “depreciation” and “actual cash value” are not defined in the policy, the Nebraska Supreme Court has ruled in answering a certified question.


Insureds’ Failure to Comply with Post-Loss Duties Bars Entitlement to Appraisal, Fla. Appeals Court Rules

Policyholders are not entitled to appraisal in a dispute over coverage for hurricane damage to their home because they failed to comply with all conditions of the policy regarding their duties after loss, a Florida appeals court has ruled.


Superstorm Sandy-Related Damage to Tower Crane Excluded, N.Y. High Court Rules

Damage to a tower crane caused by high winds during Superstorm Sandy is not covered under a builder’s risk insurance policy because the crane falls within the policy’s “contractor’s tools” exclusion, the New York Court of Appeals has ruled.


Noncompliance with SFIP Bars Coverage for Property Damaged During Sandy, N.J. Federal Judge Rules

A couple cannot collect insurance for air conditioner compressors that were damaged during Superstorm Sandy because they did not sustain direct physical damage “by or from flood” as required by the Standard Flood Insurance Policy, a New Jersey federal judge has ruled.


Colo. High Court Asked to Determine Timeliness of Claim For Unreasonable Denial of Insurance Benefits

A Colorado federal judge has asked the state’s highest court to resolve the issue of whether a claim for unreasonable delay or denial of insurance benefits arising under Colorado Revised Statutes §§ 10-3-1115 & -1116 is subject to the one-year statute of limitations applicable to actions arising under “penal statutes.”


Texas Federal Judge Remands Coverage Case, Says Claims Against Nondiverse Adjusters Adequately Pled

A Texas federal judge has remanded to state court a dispute over whether a hotel sustained covered damage from a “wind/hail” event, finding the hotel’s owner pled viable claims against the nondiverse adjuster defendants.


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