Condominium Association’s Motion to Assert Consumer Fraud Act Claim Denied Without Prejudice

TRENTON, N.J. — A New Jersey federal judge has denied without prejudice a condominium association’s motion to assert a Consumer Fraud Act Claim against Lexington Insurance Co. in a Superstorm Sandy coverage action, ruling that the merits of the case must first be resolved.

On Nov. 23, Magistrate Judge Joel Schneider of the U.S. District Court for the District of New Jersey advised the association that it may re-file its motion to amend once the merits are adjudicated.

Beachfront North Condominium Association Inc.’s Long Branch, N.J., property sustained Superstorm Sandy-related wind damage on Oct. 29, 2012.

BNCA gave Lexington notice …