N.J. Federal Judge Allows Claims to Proceed Against Broker, Wholesaler in Superstorm Sandy Action

TRENTON, N.J. — A New Jersey federal judge has allowed Superstorm Sandy-related claims to proceed against an insurance broker and its wholesaler, ruling that the plaintiffs’ untimely filing affidavits of merit was excused by an “extraordinary circumstance,” namely the district-wide temporary stay of Sandy flood claims.

In an Aug. 2 order, Chief Judge Jerome Simandle of the U.S. District Court for the District of New Jersey also denied the wholesaler’s motion for summary judgment on its claim for indemnification against the broker, holding that there is a question of fact as to whether it is barred by the indemnification provision …