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Did emails settle a Superstorm Sandy claim before the insured brought suit?

When negotiating an insurance claim, the parties often exchange emails. But when do those emails become a settlement and not just continued negotiations?

By Steven A. Meyerowitz, Esq., Director, FC&S Legal | Updated on April 27, 2017
Email is a popular form of communication, but it's not always clear whether exchanging messages can become an insurance settlement offer and acceptance. (Photo: Shutterstock)

This story is reprinted with permission from FC&&S Legal, the industry’s only comprehensive digital resource designed for insurance coverage law professionals. Visit the website to subscribe.

October 22–29, 2017, marks the fifth anniversary of Superstorm Sandy striking the East Coast, leaving major devastation in its wake. Many property owners are still trying to rebuild and to settle claims with insurers. In one recent case, a federal district court in New Jersey has ruled that a jury would have to decide whether an insured and its insurer had reached a settlement of the insured’s Superstorm Sandy claim for wind damage to its property before the insured had filed its lawsuit.

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