N.Y. State Judge Denies Insurer Summary Judgment in Superstorm Sandy Coverage Case

MINEOLA, N.Y. — A New York state judge has denied an insurer’s motion for summary judgment in a Superstorm Sandy case, finding a question of fact exists as to whether damage to the property’s driveway, Belgium blocks and the subsequent cleanup and backfilling are covered under the policy.

However, in the Aug. 7 order, Judge Randy Sue Marber of the Nassau County Supreme Court dismissed the plaintiff’s declaratory judgment claim, finding it is duplicative of his claim for breach of contract.

Michael LoRusso’s Syosset, N.Y., commercial premises was insured under a commercial policy issued by Tower Insurance Company of New …