A federal district court in New Jersey, in a Superstorm Sandy coverage case, has ruled that a homeowner’s insurance company’s letter to its insureds amounted to an unequivocal denial of benefits for purposes of the policy’s suit limitations period, even though it also referenced benefits that would be paid, did not use the word “denial,” did not reference the policy’s suit limitations period, and noted that the insureds could appeal.
|The Case
On October 29, 2012, the home owned by Robert and Jamie Ryan at 26 Buttonwood Lane in Rumson, New Jersey, was damaged by Superstorm Sandy.
The next day, the Ryans notified their homeowner’s insurance carrier, Liberty Mutual Fire Insurance Company, that the entire main floor of their home had been damaged by Sandy.
On November 15, 2012, an independent adjuster retained by Liberty Mutual inspected the Ryans’ home. A second inspection was conducted on November 29, 2012.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].
