Plaintiffs’ Failure to Timely File Affidavit of Merit Fatal to Action Against Broker, N.J. Appellate Court Affirms

MORRISTOWN, N.J. — A New Jersey appellate court has upheld dismissal of a lawsuit filed against a broker accused of selling an inadequate homeowners’ policy, ruling that the plaintiffs cannot excuse their failure to file an affidavit of merit within the prescribed time period.

In a Dec. 4 opinion, the New Jersey Appellate Division found the plaintiffs failed to show that “extraordinary circumstances” prevented them from filing the affidavit on time.

Aaron Kehoe and Cara Macksoud owned two properties in Manasquan, N.J., that were allegedly damaged during Superstorm Sandy in October 2012. They claimed that they had obtained their homeowners’ …