Insurer Should Beat Property Co.'s Sandy Suit, Judge Says

By Jeff Sistrunk (September 28, 2015, 6:07 PM EDT) -- A New York magistrate judge recommended Monday that Aspen American Insurance Co. be released from a Brooklyn shopping center's suit seeking coverage for damages tied to Superstorm Sandy, as the policyholder failed to timely submit a proof of loss and the insurer didn't disclaim coverage.

In a report and recommendation prepared at the request of a district judge, U.S. Magistrate Judge Robert M. Levy said that Aspen should be granted summary judgment on 2027 LLC's coverage suit. Judge Levy rejected the property management company's contention that Aspen can't rely on its failure to timely submit a proof of loss to dodge...

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