Judge:  Ambiguous Policy, Extrinsic Evidence Preclude Summary Judgment In Sandy Suit

Mealey's (July 23, 2019, 12:47 PM EDT) -- BROOKLYN, N.Y. — On remand from the Second Circuit U.S. Court of Appeals, a federal judge in New York on July 19 found that applying an insurance policy’s “Windstorm Definition” to its coverage clauses creates an ambiguity as to its flood exclusion and that the “available extrinsic evidence reveals triable issues of fact” that preclude summary judgment in a Superstorm Sandy coverage dispute (Madelaine Chocolate Novelties v. Great Northern Insurance Co., No. 15-5830, E.D. N.Y., 2019 U.S. Dist. LEXIS 120824)....