Superstorm Sandy’s aftermath is still with us, and unfortunately many issues remain either partly or wholly unaddressed. The seven insurance coverage cases discussed here are all recent, and address a variety of issues: the Consumer Fraud Act (CFA); professional standards for attorneys; the effect of sub-limits; and whether Superstorm Sandy was a flood, a tidal surge, a hurricane, a named storm or none of the above. We expect that Sandy decisions will continue to appear throughout this year.
Bannon v. Allstate Ins. Co., No. 14-1229, 2015 U.S. Dist. LEXIS 21591 (D.N.J. Feb. 24, 2015), demonstrates that extra-contractual damages may still be available against an insurance company in New Jersey. In Bannon, an Allstate adjuster inspected a house destroyed by Superstorm Sandy, and allegedly told the plaintiff that wind damaged the house. Witness statements, photographs and professional opinions allegedly confirmed wind as the cause of the damage. While flood was an excluded peril under the applicable homeowners’ insurance policy, wind was not. Allstate denied the claim. Allstate moved to dismiss the plaintiff’s claims for breach of the covenant of good faith and fair dealing, violation of the CFA and punitive damages.
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