On May 22, 2014 Naragansett Bay Insurance Company (“Naragansett”) signed a Consent Order with the New York State Department of Financial Services (DFS) agreeing to pay a civil penalty of $327,400 and to enact substantial capacity upgrades for its failure to timely perform adjuster inspections on numerous properties damaged by Super Storm Sandy.
Superstorm Sandy Named Storm Deductible: Central District of California Denies Summary Judgment to Insurer Based On California Law
As we reported in March the issue of whether Named Storm deductibles apply will likely be the subject of Sandy litigation.
So I Have a Boat in My Front Yard Following Super Storm Sandy; Will My Flood Insurer Cover the Removal of It and Other Non-Owned Debris?
Back in November 2012, in the wake of Super-storm Sandy, I wrote about how questions will arise about who pays for the removal of debris that is not owned by them but it is located on their property following the storm.
If you are an avid reader of our blog, you will know that we have regularly been reminding policyholders who have suffered property damage from Superstorm Sandy of the upcoming April 28, 2014, deadline to file their Proof of Loss for flood damages.
Property insurance policies commonly contain a “Named Storm” deductible, which provides for a substantially higher deductible than other causes of loss.
Those handling Superstorm Sandy claims have likely seen their fair share of business interruption losses.
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.
Named Storm Deductible Issue Survives Motion to Dismiss: District of New Jersey Federal Court Issues Decision in Hurricane Sandy Claim
Following Superstorm Sandy, many state insurance departments along the East Coast issued bulletins indicating that insurance companies should not impose hurricane deductibles on homeowners, mainly because the classification of Sandy shifted from a hurricane to a post-tropical storm as it traveled the East Coast.
The New York Department of Financial Services (NYDFS) has extended the emergency regulation (15th Amendment to Regulation 64 (11 NYCRR 216) surrounding mediations relating to Hurricane Sandy.
Bad Faith and Punitive Damages Claims in Sandy Coverage Litigation Dismissed, but Consumer Fraud Act Claim Survives: New Jersey District Court Issues Hurricane Sandy Decision
As Superstorm Sandy insurance claims wend their way through the courts, we are beginning to see decisions related to motions on the pleadings, especially with regard to extracontractual claims.