Lack of Evidence of Flood Damage Dooms Superstorm Sandy Coverage Lawsuit

NEWARK, N.J. — A plaintiff’s failure to file a proof of loss prior to suing over coverage of Superstorm Sandy flood damage does not deprive a federal court of jurisdiction over the case, a New Jersey judge has ruled.

In a Jan. 21 decision, Judge Noel L. Hillman refused to dismiss the case on jurisdiction grounds, but awarded summary judgment to the defendants based on a lack of evidence that the damage for which the plaintiff sought coverage was actually caused by flood.

Scott Golden sued FEMA and the Secretary of Homeland Security for breach of contract, alleging that the …