NJ Panel Questions 'Flood' And 'Storm' Insurance Distinction

Law360, Newark (October 8, 2019, 8:29 PM EDT) -- A New Jersey appeals panel on Tuesday questioned the point of having a “named windstorm” definition in policies affording $400 million in coverage to New Jersey Transit Corp., challenging insurers’ assertion that a “flood” definition meant they only had to pay $100 million for Superstorm Sandy damage.

During a hearing in Newark, attorneys representing Certain Underwriters at Lloyd's of London, Torus Specialty Insurance Co. and other insurers urged the panel to overturn a 2017 trial court ruling that a $100 million sublimit for flood losses did not apply to NJ Transit’s claim, noting that the policies define a flood in part...

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