Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
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.

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

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
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!