N.Y. Judge Denies Insurer Summary Judgment on Material Misrepresentation Issue in Sandy Coverage Case

NEW YORK — A New York judge has denied an insurer summary judgment in a Superstorm Sandy coverage case on the question of whether policyholders materially misrepresented the value of the property in their insurance application, finding the parties have presented conflicting evidence on the issue.

On April 17, Judge Saliann Scarpulla of the New York County Supreme Court held that Great American Insurance Co. has not set forth any actual representations from the policyholders as to the value of the premises’ contents. Even assuming that a misrepresentation occurred, the insurer has not demonstrated as a matter of law that …