Hurricane Sandy

No Joint Venture for Sandy Subcontractors

Patterson Belknap Webb & Tyler LLP on 12/1/2021

2021.10.29 - JRAP Enterprises, Inc. & Zachary Rapaport, as Adm'r of the Estate of Joseph Rapaport v. Zucaro Constr., LLC & Zucaro House Lifters, Inc., 73 Misc. 3d 1207(A) (N.Y. Sup. Ct. 2021). A recent decision in the...more

Joint Venture Agreements: For Better or For Worse; In Profit or In Loss

Farrell Fritz, P.C. on 11/4/2021

Just like a bride and groom vow to join together for better or for worse, commercial parties joining together through a joint venture must make a similar promise to share in profits and losses. ...more

New Jersey Federal Court Holds That Insurance Coverage Issues Do Not Need To Be Decided Before Appraisal

Cozen O'Connor on 7/6/2021

A federal court recently held that ongoing insurance coverage issues should not prevent an appraisal from going forward as per an appraisal clause in the insurance policy. In DC Plastic Products Corp. v. Westchester Surplus...more

The Connecticut Supreme Court Expands Test for Insurer’s Duty to Defend an Insured Contractor

Pullman & Comley, LLC on 12/10/2020

Connecticut’s trend of liberal, policyholder-oriented insurance coverage decisions continued apace with the recent Connecticut Supreme Court decision, Nash Street, LLC v. Main Street America Assurance Company et al. ...more

NYC CPC Certifies Zoning for Coastal Flood Resiliency Proposal for Public Review

Kramer Levin Naftalis & Frankel LLP on 11/24/2020

On Oct. 19, 2020, the City Planning Commission certified for public review a proposed citywide text amendment known as Zoning for Coastal Flood Resiliency (ZCFR). The proposal seeks to update and make permanent those zoning...more

Flooded: Court Finds “Named Windstorm” Coverage, and Not Flood Sublimit, Applies to Superstorm Sandy Water Damage Claim

Carlton Fields on 2/28/2020

When the National Weather Service names a storm heading in your direction, you know to expect wind and water. This can create a quandary for property insurers. Is water damage from a named windstorm caused by the flood or the...more

New York Appellate Court Affirms Denial of Discovery Into Other Hurricane Sandy Claims

Carlton Fields on 1/24/2020

In Knickerbocker Village Inc. v. Lexington Insurance Co., New York’s Appellate Division, First Judicial Department, dictated a clear rule for single-insured cases regarding the discovery of an insurer’s treatment of insurance...more

NYC Admits FEMA Fraud From Superstorm Sandy In $5.3 Million False Claims Act Settlement

Farrell Fritz, P.C. on 4/5/2019

New York City will pay $5.3 million to the United States for fraudulently obtaining FEMA funds related to Superstorm Sandy in a False Claims Act settlement with the Southern District of New York. The City admitted improperly...more

The Southern District Finds Unambiguous Policy Language Controls NYU’s Superstorm Sandy Claim

Robinson+Cole Property Insurance Coverage... on 3/29/2019

The United States District Court for the Southern District of New York recently granted an insurer’s motion for summary judgment in a case arising from Superstorm Sandy based on unambiguous policy language providing a...more

District of New Jersey Applies Anti-Concurrent Causation Provision to Superstorm Sandy Claim

Robinson+Cole Property Insurance Coverage... on 3/28/2019

In a recent decision arising out of Superstorm Sandy, the United States District Court for the District of New Jersey confirmed the enforceability of anti-concurrent causation provisions. Zero Barnegat Bay, LLC v. Lexington...more

Natural Disaster Forces Critical Decisions For Municipalities And Residents

Harris Beach PLLC on 1/11/2019

Last year, we wrote a post to mark the sixth anniversary of “Superstorm Sandy,” a Category 1 storm that made landfall in October 2012. We also shared a preview of this year’s series of posts on extreme weather, and its impact...more

“Unnecessary and Inappropriate”: The declaration no one wanted

Farrell Fritz, P.C. on 9/7/2018

Your client wants to recover damages for breach of contract and demands that you assert as many causes of action as possible. In addition to the breach cause of action, you consider a declaratory judgment claim, right? ...more

Opening The Pandora’s Box Of Flood Policies, Or How Filing Suit Against Flood Insurers Can Effectively Reduce The Suit Limitations...

Carlton Fields on 2/19/2018

When is an insurer’s “Rejection of Proof of Loss” letter for flood insurance damage, which states on its face that it “is not a denial of your claim,” nevertheless a written denial of claim? According to the Third Circuit in...more

FEMA Flood Map Changes

Harris Beach PLLC on 1/26/2018

As reported by the New York Times earlier this month, the Federal Emergency Management Agency (“FEMA”) is “for the first time in three decades” redrawing flood maps in the state of New York. As noted, New York has over 500...more

$16 Billion Debt Cancellation Gives Breathing Space for National Flood Insurance Program

Bradley Arant Boult Cummings LLP on 10/31/2017

The Senate’s vote Tuesday to forgive $16 billion in debt owed by the National Flood Insurance Program gives a much-needed boost for NFIP as it faces large payouts from recent hurricanes. Packaged with other disaster aid...more

Flood Exclusion Unambiguously Excludes Coverage For $49.5M In Hurricane Sandy Losses Caused By Storm Surge

Cozen O'Connor on 10/10/2017

Cozen O’Connor attorneys Thomas McKay III, Richard Mackowsky, Charles Jesuit, and Melissa Brill recently secured summary judgment from the United States District Court for the Eastern District of New York in favor of Great...more

Eastern District of New York Upholds Flood Exclusion in Superstorm Sandy Case

Robinson+Cole Property Insurance Coverage... on 10/5/2017

Nearly five years after Superstorm Sandy, some consistent themes are beginning to emerge from the increasingly robust body of property coverage case law related to the storm. A recent decision from the Eastern District of New...more

Comfort Stations May Be Permitted Uses of Public Streets

Farrell Fritz, P.C. on 9/11/2017

After Hurricane Sandy devastated Long Beach and its boardwalk in 2012, officials sought to reconstruct the city’s iconic esplanade. As part of the rebuild, the Long Beach City Council determined to award contracts for the...more

The Dance of the Cyclones

Zelle LLP on 8/8/2017

On August 7, 2017, powerful Typhoon Noru made landfall in Japan, lashing the island nation with heavy rainfall and maximum sustained winds near 75 mph. While the dangers associated with Noru ought not to be underestimated,...more

District of New Jersey Dismisses Third Party Claims Sounding in Policy Handling on Preemption Grounds

Robinson+Cole Property Insurance Coverage... on 5/1/2017

A federal court in New Jersey recently dismissed state law claims brought by third party plaintiffs, including the insured’s broker, against a Write Your Own insurance carrier. The claims at issue in Residences at Bay Point...more

New York Court Upholds Suit Limitation Period, Ruling Appraisal is Not a Condition Precedent to Filing Suit

Carlton Fields on 4/24/2017

Courts will generally uphold reasonable suit limitation periods in property insurance policies, if the insurer does not affirmatively waive or extend them. In MZM Real Estate Corp. v. Tower Ins. Co. of New York, No....more

Appraisal Award Unenforceable Where Suit Limitation Period Expired Prior To Filing Suit: New York County Dismisses Storm Sandy...

Robinson+Cole Property Insurance Coverage... on 4/19/2017

Suit limitation provisions in insurance policies shorten the statutory period of time that a plaintiff may bring a suit against an insurer for certain causes of action. A New York court recently held that an appraisal award...more

New York Court of Appeals Holds That Tower Crane Damaged By Superstorm Sandy Is Not Covered by Project’s Builder’s Risk Insurance...

Troutman Pepper on 4/13/2017

Lend Lease (US) Constr. LMB Inc. v. Zurich Am. Ins. Co., No. 11, 2017 N.Y. LEXIS 112 (N.Y. Feb. 14, 2017) - Early, in its opinion, the New York Court of Appeals noted that “[o]ne of the most dramatic images of...more

New Jersey Appellate Division Applies Anti-Concurrent Causation Clause to Bar Combined Flood/Sewer Backup Claim

Robinson+Cole Property Insurance Coverage... on 3/3/2017

Frequent readers of the blog will appreciate that disputes involving the application of anti-concurrent causation language in the context of claims for flood or water damage have appeared with some frequency in recent years....more

Unequivocal Denial: District of New Jersey Court Outlines What is Not Necessary

Robinson+Cole Property Insurance Coverage... on 1/30/2017

We have previously featured New Jersey District Court decisions addressing “unequivocal” denials in the context of policies’ suit limitation provisions. In the latest, Ryan v. Liberty Mut. Fire Ins. Co., No. 14-6308...more

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