N.J. Judge Refuses to Dismiss Sandy Coverage Action, But Bars Testimony of Insured’s Expert

NEWARK, N.J. — Dismissal of a Superstorm Sandy coverage action as a sanction for a policyholder’s failure to fully comply with discovery deadlines is not appropriate at this juncture because the insurer has not shown it was prejudiced as a result, a New Jersey federal magistrate judge has held.

However, in a Sept. 3 order, Magistrate Judge Douglas E. Arpert of the U.S. District Court for the District of New Jersey excluded the testimony of the policyholder’s expert as to the cause of the damage to the subject property, noting that the expert did not personally did not inspect the …