It’s hard to believe that it’s been over four years since Superstorm Sandy hit New Jersey. Back then, figuring that discretion was the better part of valor, I gathered up my family and drove out to Pennsylvania to wait out the storm. (I still take abuse for that tactic from one of my neighbors, who
Sandy
Limitations Periods in Insurance Policies
By Gene Killian on
Here are a few universal truths. If politicians can raise taxes, they will. If lawyers can bill, they will. And if judges can find a way to help clear their docket, they will. That last truth can create a serious problem for the unwary dealing with insurance claims.
Many business property policies and homeowners’ policies…
Superstorm Sandy and Bad Faith Claims Handling
By Gene Killian on
Representing people who have lost homes and businesses following Sandy has been gut-wrenching. And, I have to say, many of the carriers haven’t made it any easier. I could catalog some of the problems we’ve seen, but that would make this a very long post. Instead, I’d like to focus on one aspect: The use…
The Appraisal Provision in First-Party Property Policies
By Gene Killian on
I’m not a big fan of arbitration. I think it costs too much (which kind of goes against its main marketing point), and I don’t particularly like the fact that there’s no right of appeal absent the arbitrator committing fraud. Having said that, and with so many Sandy-related claims still pending in New Jersey, I…
Sandy and the New Jersey Department of Banking and Insurance
By Gene Killian on
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.
Can an insurance policy shorten the statute of limitations?
By Gene Killian on
With the one-year anniversary of Sandy just having passed, many policyholders are asking how long they have to sue their carrier. Be careful. Many insurance policies contain limitations periods that shorten the general six-year statute of limitations for breach of contract in New Jersey. Such provisions are enforceable both in New Jersey and in New…
Concurrent Causation and Superstorm Sandy
By Gene Killian on
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…
Insurance claims and Superstorm Sandy
By Gene Killian on
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…