Hurricane Sandy

Hurrican Sandy was a highly destructive storm system that ravaged parts of the Caribbean and Mid-Atlantic and Northeastern United States in October of 2012. The storm was responsible for over 100 deaths and... more +
Hurrican Sandy was a highly destructive storm system that ravaged parts of the Caribbean and Mid-Atlantic and Northeastern United States in October of 2012. The storm was responsible for over 100 deaths and billions of dollars worth of  damage.  less -
News & Analysis as of

Recent Decision Finds No Business Income Coverage Where Flood Caused Order of Civil Authority

When Super Storm Sandy struck the Northeast on October 29, 2012, states, cities, municipalities and towns up and down the East Coast ordered hundreds of thousands of people to evacuate from their homes and businesses. ...more

The Perilous 'Superperil' Ruling In NJ Storm Surge Case

The Superior Court of New Jersey, Essex County's ruling in Public Service Enterprise Group Inc. v. Ace American Insurance Co. on March 23 follows a line of thought advanced by many policyholder lawyers that included a...more

Order of Civil Authority Claim for Superstorm Sandy Barred by Flooding Exclusion in New York

On Thursday of law week, a federal court in New York City tossed an Order of Civil Authority (OCA) claim by a New York City law firm in Bamundo, Zwal & Schermerhorn, LLP v. Sentinel Ins. Co., 2015 U.S. Dist. LEXIS 39409...more

New Jersey Trial Court Holds Storm Surge Not Subject to Flood Sublimit Where Policy Expressly Includes “Ensuing Storm Surge” in...

In recent years, many courts have held that storm surge is a species of excluded flood loss; we reported on a New York example in July. This week, in Public Serv. Enter. Group, v. ACE Amer. Ins. Co., 2015 N.J. Super. Unpub....more

Property Insurance Law: 2014 Year in Review

Hurricane Sandy continued to generate a significant amount of litigation during 2014 which resulted in several important property insurance decisions. Most notably, as a result of Sandy and other events, the courts...more

FERC Orders New York ISO To Refund Over-Charges Resulting From Hurricane Sandy

The Federal Energy Regulatory Commission has ordered the New York Independent System Operator, Inc. to reopen and resettle billings for electricity it supplied during the November/December 2012 billing periods, and to refund...more

New Jersey Launches Energy Resilience Bank

New Jersey has recently launched the New Jersey Energy Resilience Bank (ERB), a public infrastructure bank focusing on energy resilience. As part of Governor Christie’s continuing efforts to minimize the impact of future...more

Policy’s “Named Storm” Deductible Applies To New Jersey Superstorm Sandy Claim

In Wakefern Food Corp. v. Lexington Insurance Company, No. MID-L-6483-13 (N.J. Super. Ct. Law Div. filed Oct. 29, 2014), the Superior Court of New Jersey held in favor of Lexington Insurance Company in connection with a $50...more

New Jersey Court Holds $22 Million “Named Storm” Deductible Applicable to a Superstorm Sandy Loss

On October 29th, a New Jersey trial court held that a commercial policyholder’s Superstorm Sandy claims were subject to a $22 million “named storm” deductible equal to 2% of the total insurable values at risk at all of the...more

Second Circuit Affirms a Southern District Decision Construing “Covered Location” Narrowly

In January, the Southern District rejected an insured’s $2 million claim for a generator destroyed by Superstorm Sandy. The unit was in the basement of an office building in lower Manhattan, but the contract of insurance...more

A Unilateral Scrivener’s Error Can Reflect a Mutual Mistake Requiring Policy Reformation (or, Don’t Expect $20 Million in...

October 29 marked the second anniversary of Superstorm Sandy’s assault on New York and New Jersey. Although the insurance litigation arising from this storm is just beginning, we have already seen a number of decisions out...more

Bad Faith Sentinel - September 2014

In This Issue: - Southern District of New York: It is Unlawful for an Insurer to Withhold Payment When Some Portion on an Insured’s Entitlement is Undisputed - Eastern District of Pennsylvania: State Farm...more

Eastern District of Pennsylvania: State Farm Cannot Refuse Appraisal of Superstorm Sandy Damage

Currie v. State Farm Fire & Cas. Co., No. CIV.A. 13-6713, 2014 WL 4081051 (E.D. Pa. Aug. 19, 2014). After Superstorm Sandy damaged the insureds’ house, they and their insurer came to markedly different assessments of...more

Lawful but Awful: Red Cross Says Hurricane Sandy Distributions Are Trade Secrets

While the term “trade secret” generally makes people think of Coca-Cola’s secret formula, software source codes, or company client lists, trade secret law has evolved to include everything from proprietary formulae to...more

A Flood by Any Other Name is Still a Flood – or Why Losses Caused by Flood Are Subject to Flood Sublimits

In New Sea Crest Healthcare Center, LLC v. Lexington Ins. Co., No. 12-CV 6414(RJD)(RLM), 2014 WL 2879839 (E.D.N.Y. June 24, 2014), the insureds suffered losses to nursing homes in two locations as a result of Hurricane Sandy....more

Sandy in the Courts

Hurricane Sandy (also known as Superstorm Sandy) struck the northeast coast of the United States in October 2012, causing an estimated $65 billion* in property damage, including wind damage, severe flooding and power outages....more

DONATE, DON’T TELL? The Red Cross says it has trade secrets, upsetting activists

Can a non-profit charity have trade secrets? The Red Cross thinks so. Its claim to trade secret protection over information related to Hurricane Sandy relief efforts made headlines and left some journalists and activists...more

New York Court Finds Delay In Completion Losses Are Subject To Flood Annual Aggregate Limit

In El-Ad 250 West LLC v. Zurich American Ins. Co., 2014 N.Y. Misc. LEXIS 2838 (June 27, 2014), a New York court analyzed the application of various provisions contained in a Builders Risk Insurance Policy (the “Policy”)...more

New York Court: All Sandy Losses, Including “Downstream” Financial Ones, Capped By Annual Aggregate Limit For Flood

Superstorm Sandy jurisprudence is starting to shed light on some unresolved issues in the effected states. In El-Ad 250 West LLC v. Zurich American Ins. Co., — N.Y.S.2d —, 2014 WL 2931058 (N.Y.Cty., June 27, 2014), a New...more

District Court Seeks to Streamline Hurricane Sandy Insurance Cases Through Dismissals

Yesterday, in the In re Hurricane Sandy Cases, Civil Action No.: 1:14-mc-00041-CLP-GRB-RER, a committee of magistrates in the Eastern District of New York recommended that the district judges presiding over more than 150...more

Bad Faith Sentinel - May 2014

In This Issue: - Northern District of New York: Primary Insurer That Waited Nine Years to Tender Policy Limits to Injured Plaintiff Was Liable to Excess Carrier for Bad Faith - Middle District of Pennsylvania:...more

Eastern District of New York Dismisses Bad Faith Claims in Dispute Over Property Damage Caused by Hurricane Sandy

433 Main St. Realty, LLC v. Darwin Nat’l Assurance Co., No. 14-cv-587 (NGG) (VMS) (E.D.N.Y. Apr. 22, 2014) - Eastern District of New York dismisses claims for breach of the covenant of good faith and fair dealing and...more

New York Federal Court Dismisses Superstorm Sandy Bad-Faith Claim as Redundant

In 433 Main Street Realty, LLC v. Darwin National Assurance Co., 2014 WL 1622103 (E.D.N.Y. Apr. 22, 2014), the United States District Court for the Eastern District of New York dismissed the insureds’ cause of action against...more

New York Federal Court Addresses Direct Physical Loss Requirement

On April 24, 2014, the U.S. District Court for the Southern District of New York issued its decision in Newman Myers Kreines Gross v. Great N. Ins. Co., No. 13 Civ. 2177, 2014 U.S. Dist LEXIS 57338 (S.D.N.Y. Apr. 24, 2014), a...more

Eastern District of New York Adopts “Express Train” Discovery Schedule to Ensure Expeditious Resolution of Sandy-related Coverage...

Like many New Yorkers, the U.S. District Court for the Eastern District of New York (EDNY) has had a difficult time dealing with the aftermath of Superstorm Sandy. In response to the hundreds of lawsuits that have flooded its...more

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