Umpire Appointed in N.Y. Superstorm Sandy Case Despite Plaintiffs’ Lack of Written Request

MINEOLA, N.Y. — A state court judge in New York has appointed an umpire to resolve a dispute over how much of a Superstorm Sandy loss was caused by wind, rejecting an insurer’s contention that the plaintiff failed to follow policy requirements for seeking an appraisal.

In a Nov. 24 ruling, Justice James P. McCormack of the Nassau County Supreme Court said Tower Insurance Co. of New York effectively waived its right to raise the policy requirement when the insurer retained its own appraiser without objecting to the plaintiffs’ failure to request an appraisal in writing.

Under terms of Chris …