Insurer’s ‘Concealment Or Fraud’ Counterclaim to Proceed in Superstorm Sandy Coverage Case

MINEOLA, N.Y. — A New York state judge has denied a couple’s motion to dismiss a “concealment or fraud” counterclaim asserted by their homeowners’ insurer in a Superstorm Sandy coverage dispute, explaining that at this stage in the proceedings, the insurer’s allegations must be accepted as true.

Judge Jeffrey S. Brown of the Nassau County Supreme Court also denied the insureds’ motion for sanctions against the insurer without prejudice to renew at the conclusion of this case.

Brett and Mindi Rogers claim that Superstorm Sandy damaged their South Dix, N.Y., property on Oct. 29, 2012. Their homeowners’ insurer, Tri-State Consumer …