New Jersey Coverage Update: Wind-Driven Rain May Blow in Carriers' Favor - Deborah Metzger Mulvey
Articles & Publications
Many Superstorm Sandy claims will involve a determination of whether the claimed damage was caused by wind or water. However, the analysis should not stop there. Unlike the claims arising out of previous recent catastrophes, many Superstorm Sandy claims will involve wind-driven rain that a structure has likely experienced over years of coastal storms. This unique factor was recently addressed by the New Jersey Appellate Court in Grossberg v. Chubb, which ultimately decided in favor of an exclusion for damage due to deterioration.