Conn. Judge ‘Un-tethers’ Flood Exclusion from Earth Movement Provision in Superstorm Sandy Claim



DOCUMENTS
  • Opinion


HARTFORD, Conn. — Travelers Property Casualty Co. of America has been awarded summary judgment in a Connecticut Superstorm Sandy case after a federal judge ruled that a marine cargo policy’s flood exclusion bars coverage for damage to a New Jersey warehouse that was inundated by water from a nearby river during the storm.

In a Nov. 26 decision, Judge Jeffrey Alker Meyer ruled that the exclusion plainly applies to a flood without limitation, rejecting the insured’s argument that the placement of the exclusion within an endorsement containing provisions governing “earth movement sublimits and deductibles” rendered it applicable only to floods …

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  • Robinson & Cole
  • Tisdale Law Offices





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