Insurer Denied Summary Judgment in N.Y. Superstorm Sandy Water Exclusion Case

MINEOLA, N.Y. — A New York judge has denied an insurer summary judgment in a Superstorm Sandy coverage action, ruling that the insurer failed to proffer sufficient evidence that the property damage fell within a water damage exclusion.

On Jan. 20, Judge Daniel Palmieri of the Nassau County Supreme Court found that an affidavit from the insurer’s witness constitutes hearsay because he was not involved in the inspections of the property.

Rajendra Sewkumar’s Island Park, N.Y., home was insured under a homeowners’ policy issued by New York Property Insurance Underwriting Association. He alleges that after Superstorm Sandy passed over his …