Heavy Caseload No Excuse for Failure to Serve Insurer in Superstorm Sandy Coverage Case, N.J. Judge Rules

TRENTON, N.J. — A New Jersey judge has denied a plaintiff’s motion for relief from a ruling that dismissed her Superstorm Sandy insurance coverage action after she failed to serve the defendant within the 120 days of filing the complaint.

In a Dec. 12 decision, Judge Michael A. Shipp of the U.S. District Court for the District of New Jersey rejected the explanation given for the late filing, which plaintiffs’ counsel said was due to an oversight resulting from a “heavy caseload” and other conflicts and time-constraints.

Eileen Hoey filed her lawsuit Feb. 14 against American Bankers Insurance Co. of …