Insurer Denied Summary Judgment On Breach of Contract, Negligence Claims in Sandy Case

JERSEY CITY, N.J. — A New Jersey judge has refused to dismiss a breach of contract claim in a Superstorm Sandy coverage dispute, finding issues of fact as to whether coverage is limited to $1 million under the policy’s water exclusion.

On Dec. 22, Judge Francis B. Schultz of the Hudson County (N.J.) Superior Court also refused to dismiss the insured’s negligence claim, explaining that questions exist as to whether the insurer’s employees assumed a tort duty by giving advice or instruction that caused the policyholder economic loss.

C.S. Osborne & Co. Inc., a manufacturer of tools used for leatherwork, …