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Finazzo Cossolini obtains summary judgment in New Jersey District Court after the Court gives proper effect to anti-concurrent and anti-sequential causation provisions of property policy

Posted on March 31, 2017
In Jacobsen v. Hartford Insurance Company Flood & Home (Sandy), et al., Civil Action No. 14-3094, 2017 WL 1239145 (D.N.J. Mar. 31, 2017), the Court was asked to decide whether the plaintiff could recover for damages to their dock caused by an unmoored boat during Superstorm Sandy. In arguing for coverage, the plaintiff contended that the covered perils of wind and rain were contributing causes of the damage even though the policy excluded flood damage. The Court disagreed and held that the policy’s anti-concurrent and anti-sequential causations provisions must be given their proper effect.  Because the damage was caused in whole or in part by flood, coverage was excluded under the policy.