Breach of Fiduciary Claim to Proceed Against Fireman’s Fund in N.J. Sandy Coverage Action

NEWARK, N.J. — Plaintiffs in a Superstorm Sandy coverage case have adequately pled a claim of breach of fiduciary duty against Fireman’s Fund Insurance Co. by alleging that the insurer assured them that their policy provided the type of coverage that they needed.

However, in the May 12 order, Senior Judge William H. Walls of the U.S. District Court for the District of New Jersey dismissed the claim of breach of the implied covenant of good faith and fair dealing, finding it is identical to plaintiffs’ bad faith claim.

The judge also dismissed the unjust enrichment claim, saying it …