Archives: Flood insurance

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Sandy and the New Jersey Department of Banking and Insurance

As the weeks following Sandy have stretched into months, and the months are beginning to stretch into years, businesses and homeowners with unresolved claims have been asking me whether it’s worthwhile to complain about their carrier to the New Jersey Department of Banking and Insurance (“DOBI”).  Truth be told, it’s a complete waste of time. … Continue Reading

Concurrent Causation and Superstorm Sandy

As the Sandy-related insurance disputes develop along the New Jersey coast, we’re seeing what we anticipated:  general liability and homeowners’ carriers are disclaiming coverage on the ground that the damage was caused by flood, and is therefore excluded.  Policyholders, on the other hand, are trying to establish that a good portion of the damage wasn’t … Continue Reading

Insurance claims and Superstorm Sandy

I recently got interviewed by Ed Beeson of the Newark Star-Ledger as part of his article about the looming Superstorm Sandy insurance coverage litigation.  The insurance industry has definitely circled the wagons, and the first suits are now being filed.  There will be a lot of battles over causation (e.g., wind versus flood), as well … Continue Reading

Flood insurance and basements

A group of owners of hurricane-damaged homes have brought a putative class action in federal court in Newark, arguing that their flood insurance carriers are short-changing them by calling their first floors “basements”.  The case is Donnelly v. New Jersey Re-Insurance Co., Docket No. 12-cv-7629, and was filed by Union City solo Jeffrey Bronster. FEMA policies … Continue Reading