Windstorm Exclusion Found Ambiguous

businessman facing storm

In 7001 East 71st Street, LLC v. Continental Cas. Co., the 2nd Circuit reversed the District Court's issuance of summary judgment to the insurer because a windstorm exclusion was deemed ambiguous.

September 10, 2018
Tred R. Eyerly - Insurance Law Hawaii

The Second Circuit reversed the District Court's issuance of summary judgment to the insurer because a windstorm exclusion was deemed ambiguous. 7001 East 71st Street, LLC v. Continental Cas. Co., 2018 U.S. App. LEXIS 17334 (2nd Cir. June 26, 2018).

A windstorm during Hurricane Sandy caused the roof of 7001 East 71st Street LLC (7001) to tear, allowing rainwater to seep in and damage 7001's "Covered Equipment" as defined by the policy. Continental denied coverage based upon the windstorm exclusion and the district court granted summary judgment to Continental.

Mr. Eyerly may be contacted at te@hawaiilawyer.com



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