Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

NJ Court: Storm Surge Claims Not Subject to Insurance Policies’ Flood Limits

Author: Scarinci Hollenbeck, LLC

Date: May 4, 2015

Key Contacts

Back

A New Jersey judge recently ruled that damage caused by Hurricane Sandy’s storm surge did not fall under the flood sublimits of Public Service Enterprise Group, Inc.’s (PSEG) insurance policies.

The issue in Public Service Enterprise Group v. Ace Insurance was one of first impression in New Jersey.

The Facts of the Case

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.”

The Court’s Decision

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, LLC, LLC

Related Posts

See all
SPACs Are Back, What You Need to Know post image

SPACs Are Back, What You Need to Know

Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]

Author: Dan Brecher

Link to post with title - "SPACs Are Back, What You Need to Know"
Short Form Merger: Streamlining the Process for Businesses post image

Short Form Merger: Streamlining the Process for Businesses

Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, like all M&A transactions, it is important to understand the legal nuances and proper due diligence in mergers and acquisitions. What Is a Short Form […]

Author: Dan Brecher

Link to post with title - "Short Form Merger: Streamlining the Process for Businesses"
Tariff Response Options for Small Businesses Facing Financial Distress post image

Tariff Response Options for Small Businesses Facing Financial Distress

The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]

Author: Brian D. Spector

Link to post with title - "Tariff Response Options for Small Businesses Facing Financial Distress"
Common Causes of Partnership Disputes and How to Resolve Them post image

Common Causes of Partnership Disputes and How to Resolve Them

Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]

Author: Christopher D. Warren

Link to post with title - "Common Causes of Partnership Disputes and How to Resolve Them"
President Trump's Termination of Member Gwynne Wilcox post image

President Trump's Termination of Member Gwynne Wilcox

On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]

Author: Matthew F. Mimnaugh

Link to post with title - "President Trump's Termination of Member Gwynne Wilcox"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!