Larry Bathgate was my co-counsel on 23 municipal insurance claims Following Superstorm Sandy and countless commercial and residential claims as well. We spoke on Friday evening and Saturday morning about our former clients, the rebuilding of the Jersey Shore and our law practices. From my view, there has been an amazing transformation and it was gratifying to see the American patriotism in Bay Head, New Jersey, with hundreds of American flags everywhere.
Last week, I had the pleasure of presenting at the Spring Meeting & Seminar of the Professional Public Adjusters Association of New Jersey (“PPAANJ”). One of the more thoroughly discussed topics during my presentation was a recent New Jersey federal court decision involving insurance policy language commonly known as an anti-concurrent/anti-sequential causation clause.1 The clause bars coverage when two identifiable causes-one covered and one not covered-contribute to a single loss.2
Continue Reading Anti-Concurrent Clause Enforced Where Loss Was Caused By Covered and Non-Covered Perils
It’s been almost seven years since Superstorm Sandy hit New Jersey and Sandy cases are still wending through New Jersey Courts. A recent Third Circuit Court of Appeals decision discusses the importance of a properly completed proof of loss when submitting a flood claim under a Standard Flood Insurance Policy (SFIP).1
Continue Reading Flood Proof of Loss Filled Correctly? Do not lose benefits by failing to list amount claimed
In a Second Circuit decision, the court of appeals revived Madelaine Chocolate Novelties Inc.’s Superstorm Sandy claim against Chubb for property damage and business interruption for an additional $49 million in coverage. In overruling the lower court, the appellate court found that the lower federal court failed to properly evaluate all the relevant policy provisions.1
Continue Reading Chocolatier Gets Sweet Revenge on Chubb
Tiffany Tower Condominium LLC sustained damages during Superstorm Sandy. In November 2012, the insured filed a claim with their insurer, Insurance Company of Greater New York, for damages sustained during the storm. Greater New York paid the claim out in December 2012. In September 2014, Tiffany Tower submitted a supplemental claim to Greater New York for additional losses which it asserted were caused by the storm. Their insurer denied coverage for the supplemental claim.
Continue Reading Court Allows Consequential Damages Claim to Proceed
Although Superstorm Sandy occurred over five and a half years ago, FEMA is still issuing bulletins regarding flood insurance coverage issues. The most recent bulletin addresses Increased Cost of Compliance (“ICC”) coverage.
Continue Reading FEMA Extends ICC Claim Deadline for Superstorm Sandy Policyholders
On March 28, 2017, a New Jersey federal district court found an insured’s evidence supporting their property damage coverage claim was sufficient to survive the insurer’s motion for summary judgment.1
Continue Reading Supermarket Damaged in Superstorm Sandy Survives Motion for Summary Judgment
In this day of lawyer Internet advertising, policyholders should carefully consider the lawyers they select. Most of my policyholder lawyer colleagues I have met and worked with over the years doing this type of property insurance litigation are hard-working and ethical. But some other law firms that rely heavily on advertising utterly fail, and cause harm to policyholders rather than help them.
Property insurance policies commonly contain a “Named Storm” deductible, which provides for a substantially higher deductible than other causes of loss. For example, the policy in AFP 104 Corp. v. Columbia Casualty Company1 contained a base deductible of $10,000 and a Named Storm deductible of $1 million per occurrence.
Earlier this week I was in New York City to attend a meeting of Plaintiffs’ attorneys represent policyholders in pending Superstorm Sandy cases in the Eastern District of New York (EDNY) federal court. In case you have missed our prior blogs, New York Federal Court Creates Miscellaneous Civil Case for Administration of Hurricane Sandy Claims, and New York’s Eastern District Deciding How to Handle All the Sandy Cases, the EDNY has set up a separate case titled “In re Hurricane Sandy Cases” to administer Superstorm Sandy litigation. Javier Delgado of Merlin Law Group was selected by the EDNY as one of the Liaison Counsel for Plaintiffs in Superstorm Sandy litigation.
Continue Reading Update on Superstorm Sandy Litigation in the Eastern District of New York