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Superstorm Sandy Alleged Wind Damage Excluded by Flood Exclusion

I secured a personal victory from Judge Robert L. Nahman of Supreme Court Queens County in Gitter v. Allstate Insurance Company, (Index #: 707886-2014), who dismissed the case against an insurer in a Superstorm Sandy case. Plaintiff brought an insurance coverage dispute against his homeowner’s insurance carrier, seeking additional coverage for losses allegedly caused by wind damage.  The plaintiff’s house which stood just feet from the Atlantic Ocean, sustained significant damage when a concrete driveway and boardwalk were driven into the home by storm surge.  As a result of this damage the house was required to be demolished. Plaintiff argued that damage to the structure and contents on the second floor were caused by wind.  The Court was unpersuaded and found that the insurance policy language, which excluded flood damage, was effective to deny the claim.  The Court held that the policy provisions which exclude “any direct or indirect loss or damage caused by, resulting from, contributing to or aggravated by any of these excluded perils,” and “loss from any of these perils is excluded regardless of any other cause or event contributing concurrently or in any sequence to the loss,” were applicable to exclude the claim from coverage.  To Read decision click here.

Rosa M. Feeney

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