Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: April 30, 2015
The Firm
201-896-4100 info@sh-law.comIn Torre v. Liberty Mutual Fire Insurance Company, the appeals court held that New Jersey homeowners were not entitled to reimbursement for the costs associated with removing non-owned debris that accumulated in their yard during Hurricane Sandy.

Michael and Geraldine Torre (collectively, the Torres) held a Standard Flood Insurance Policy (“SFIP”) issued by Liberty Mutual Fire Insurance Company (Liberty) under the National Flood Insurance Act of 1968. After sustaining significant damage from Hurricane Sandy, the Torres submitted claims under the SFIP.
The Hurricane Sandy insurance dispute concerns whether the policy covers the cost of removing storm-generated debris not owned by the Torres from portions of their land. Liberty paid the Torres a total of $235,751.68, which included the cost of removing debris from their house. However, the insurance company denied a second claim related to the cost of removing sand and other debris deposited on the property around their house. According to the Liberty, such damage was not covered under the insurance policy.
The SFIP’s debris-removal provision states that “[w]e will pay the expense to remove non-owned debris that is on or in insured property and debris of insured property anywhere.” The parties disagree on the meaning of the term “insured property.” The Torres argued that “insured property” means not only the specific structures and items of property that are insured by the SFIP (such as their house) but their entire parcel of land. Meanwhile, Liberty maintained that “insured property” means only the property insured under the SFIP, and that the SFIP does not cover land.
The Third Circuit upheld the district court’s decision
In reaching its decision, the Third Circuit panel focused on the language of the SFIP. As explained by the court:
In sum, the SFIP provides coverage for certain structures and other items of property but not for an entire parcel of land. The entire parcel of land thus cannot constitute “insured property” because it is not insured by the SFIP at all. And because the entire parcel of land does not constitute “insured property,” the provision of the SFIP requiring Liberty to pay for the removal of non-owned debris that is “on or in insured property” does not apply to the expenses the Torres incurred in removing non-owned debris from their land outside their home.
The court rejected all of the Torres’ arguments to the contrary. It disagreed that the term “property” should be given its ordinary meaning, which they argued includes land. The Third Circuit also rejected the argument that term “insured property” refers to the Torres’ land because that is the property listed on the Declarations Page and thus is the “property” that is insured.
From a policyholder’s perspective, the Third Circuit’s decision appears to be hyper-technical and clearly in error. It is only the first circuit to interpret the term “insured property” this way.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Author: Donald M. Pepe

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
Author: Jay McDaniel

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]
Author: Donald M. Pepe

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]
Author: Sean M. Pena

A corporate attorney advises businesses on formation, ownership, governance, contracts, transactions, compliance, disputes, and the legal risks that arise as a company grows. The role is not limited to filing documents or reviewing agreements. A corporate attorney helps a business understand when a commercial decision has legal consequences, how to structure that decision properly, and […]
Author: Scarinci Hollenbeck, LLC

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena
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!