Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm News
Author: Scarinci Hollenbeck, LLC
Date: May 4, 2015
The Firm
201-896-4100 info@sh-law.comThe issue in Public Service Enterprise Group v. Ace Insurance was one of first impression in New Jersey.
Hurricane Sandy’s storm surge significantly damaged PSEG’s property throughout New Jersey, resulting in a $500 million insurance claim under its first party property policies. The applicable policies did not contain sublimits for “named windstorms,” other than those in Florida. There was, however, a $250 million submit for losses caused by “flood,” and a $50 million limit for losses to property “located in Flood Zones A & V.”
The Hurricane Sandy insurance coverage dispute centered on whether the storm surge constituted a “flood” under the applicable insurance policies. As detailed in the court’s opinion, PSEG maintained that coverage for losses caused by Sandy was available up to the full $1 billion limit of the policies, as a “storm surge” was included in the definition of “named windstorm” and was not subject to the flood sublimits. Meanwhile, the insurers contended that a storm surge rather was a type of “flood” under the policy because the policy language defined flood as “the overflowing or breaking of boundaries of natural or man-made bodies of waters.”
Essex County Superior Court Judge Thomas Vena granted summary judgment in PSEG’s favor, finding that the flood sublimits did not apply.
After stating that there were no reported cases in New Jersey that have considered whether a storm surge was included in the flood definition of an insurance policy, the court looked to two out-of-state cases that interpreted similar policies. Both cases held that losses caused by storm surge were not subject to the flood sublimits.
“The reasoning employed by these courts are sound, and both are consistent with New Jersey’s rules of contract construction that ‘when two provisions dealing with the same subject matter are present, the more specific provision controls over the more general,’” the court ruled.
Judge Vena also considered several other factors, including the parties’ past practices and New Jersey’s efficient proximate cause doctrine, which states that if there are multiple causes of a loss, a restriction in an insurance policy does not apply so long as the efficient proximate cause of the loss is not subject to that restriction. He concluded both supported PSEG’s proffered interpretation of the policies.
“In sum, the applicable language of PSEG’s policy, canons of contract interpretation, the extrinsic evidence proffered by both parties, as well as the relevant case law, all point to the conclusion that storm surge losses are not subject to the flood sublimits,” he stated.
Given the nature of the action and the considerable financial interests at stake, this ruling is likely not the last we will hear about this case. Please stay tuned for updates.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Scarinci Hollenbeck Partner Christopher D. Warren Named to New Jersey Supreme Court District VI Ethics Committee Little Falls, NJ — September 5, 2025 — Scarinci Hollenbeck, LLC is proud to announce that Christopher D. Warren, Partner, has been appointed to serve on the New Jersey Supreme Court District VI Ethics Committee for the term 2025–2029. Mr. Warren brings more than […]
Author: Scarinci Hollenbeck, LLC
Scarinci Hollenbeck Congratulates Theodore A. Schwartz Scholarship Recipient Adrienne Aiken Little Falls, NJ — July 21, 2025 — Scarinci Hollenbeck, LLC established the Theodore A. Schwartz Scholarship for Environmental Law to recognize the contributions of retired partner Theodore “Ted” Schwartz and support the next generation of environmental lawyers. Adrienne Aiken, the recipient of the 2025 […]
Author: Scarinci Hollenbeck, LLC
Ten Scarinci Hollenbeck Attorneys Recognized in 2026 Edition of Best Lawyers in America© Little Falls NJ – August 28, 2025 – Scarinci Hollenbeck, LLC is pleased to announce that ten attorneys have been recognized in the 2026 edition of The Best Lawyers in America®. First published in 1983, Best Lawyers is universally regarded as the definitive guide to legal excellence. […]
Author: Scarinci Hollenbeck, LLC
Scarinci Hollenbeck Partner Recognized for Continued Impact on Industrial Real Estate Industry Little Falls, NJ — July 25, 2025 — Scarinci Hollenbeck, LLC Partner Donald “Don” Pepe was recently recognized as a 2025 Influencer in Industrial Real Estate by GlobeSt, a leading commercial real estate publication. The GlobeSt award recognizes the professionals, teams, and companies […]
Author: Scarinci Hollenbeck, LLC
NYC Real Estate and Litigation Attorney Ryan O. Miller and Team Join Scarinci Hollenbeck, LLC New York City, NY – August 13, 2025 – Scarinci Hollenbeck, LLC has strengthened its Real Estate and Litigation practices with the addition of four New York City-based attorneys. Ryan Miller, who joins as a partner, is well known for […]
Author: Scarinci Hollenbeck, LLC
Bloomberg Law Podcast Discusses Shaquille O’Neil FTX Settlement With Ron Bienstock Little Falls, NJ – June 24, 2025 – Scarinci & Hollenbeck, LLC Partner and Chair of the firm’s Intellectual Property and Entertainment & Media departments Ronald S. Bienstock recently joined the Bloomberg Law podcast to discuss Shaquille O’Neal settling a class-action lawsuit over his FTX endorsement. […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!