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.
OK – here’s a dilemma. You have a federal program that doles out millions to people that take on risky behavior, and in fact can be seen as rewarding that risky behavior at taxpayer’s expense. So Congress passes a law in 2012 with overwhelming bipartisan support, and requires that the government quit subsidizing people that build in flood prone areas, especially if they are receiving much more than they are paying into the system.
Extra-contractual Claims Dismissed in Hurricane Sandy Cases: Two Eastern District of New York Judges Issue Decisions Sua Sponte
In a series of recent sua sponte decisions in six Superstorm Sandy cases, Judges Seybert and Feuerstein dismissed extra contractual claims and dismissed all but the first named plaintiffs’ claims pursuant to Fed. R. Civ. P. 20.
In the year since Hurricane Sandy struck New Jersey, numerous lawsuits have been filed by consumers against insurance companies alleging “bad faith”.