Insurer Estopped from Denying Liability for Superstorm Sandy Damage, N.Y. State Judge Rules

MINEOLA, N.Y. — An insurer is estopped from denying coverage for Superstorm Sandy-related tree removal because one of its claims adjusters emailed the policyholders that a check for the damage had been issued, a New York state judge has ruled.

On Dec. 8, Judge Julianne Capetola of the Nassau County Supreme Court ruled that because the claims adjuster was acting within the scope of his authority, the doctrine of promissory estoppel bars the insurer from refuting liability. However, issues of fact exist as to whether the insurer is liable for costs and damages beyond the $4,500 sought by the insureds …