Retained Expert’s Communications Discoverable, N.Y. Judge Rules in Superstorm Sandy Dispute

RIVERHEAD, N.Y. — Communications between a Superstorm Sandy claimant and his expert structural engineer are discoverable because the expert was not retained in anticipation of litigation, but rather to provide guidance on whether to litigate a potential coverage dispute, a New York trial judge has ruled.

In a July 19 order, Judge William G. Ford of the New York Supreme Court, Suffolk County, noted that when the policyholder retained the expert, the insurer had not yet communicated that it was reserving its right to deny coverage.

In October 2013, James Halpin filed a breach of contract action against Chubb Indemnity …