Recent events have once again thrust issues of insurance coverage into the forefront. In this article, we bring attention to recent actions taken by the Superintendent of the New York State Department of Financial Services, in response to the extensive power outages, loss of life and property, and ongoing harm to public health and safety wrought by Hurricane/Storm Sandy, for the protection of policyholders. We then turn to the more mundanea recent decision of first impression on a question that has intrigued us for many yearsthe applicability of an excess or umbrella policy in the coverage comparison that determines the trigger of SUM (Supplementary Uninsured/Underinsured Motorist) coverage.
‘Sandy’ Suspensions
Much has been written and remains to be written regarding the devastating effects of Hurricane Sandy, the litigation that is certain to ensue, and the measures taken by the government to assist those in need. Many of our readers may already be aware that Governor Andrew Cuomo, in the exercise of his authority (pursuant to Executive Law Article 2-B, section 29-a) to temporarily suspend specific provisions of any statute, local law, ordinance, orders, rule or regulation, or part thereof, of any agency during a state disaster emergency if such provisions would prevent, hinder or delay action necessary to cope with the disaster, has, by Executive Order dated Oct. 31, 2012, temporarily suspendedfrom Oct. 26, 2012, until further noticespecific provisions of several statutes pertaining to time limitations on actions and the time in which to take an appeal.1
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