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Zero Barnegat Bay, LLC v. Lexington Ins. Co.

United States District Court for the District of New Jersey

March 18, 2019, Decided; March 18, 2019, Filed

Civil Action Nos: 14-cv-1716 (PGS) (DEA)

Opinion

MEMORANDUM AND ORDER

SHERIDAN, U.S.D.J.

This matter comes before the Court on Defendant Lexington Insurance Company's motion for summary judgment, ECF No. 39. This case arises from an insurance coverage dispute over the amount of wind damage and cost of repairs sustained at Plaintiff Zero Barnegat Bay, LLC's property on October 29, 2012, during Superstorm Sandy. For the reasons expressed herein, Defendant's motion is denied in part and granted in part. As part of Defendant's motion, it seeks to excluded the report and testimony of Shannon Cook, as an expert. It is preferable to decide same on an in limine motion, rather than by summary judgment. As such, that part of the motion is denied without prejudice.

During the time of Superstorm Sandy, and thereafter, Plaintiff Zero Barnegat Bay, LLC [*2]  (hereinafter "Zero Barnegat" or Plaintiff) maintained a homeowner's insurance policy for property located at Middle Sedge Island, in Normandy Beach, New Jersey. (Def. Statement of Facts ("SOF") ECF No. 39-2, at ¶¶ 2-3). The policy was underwritten by Defendant Lexington Insurance Company, (hereinafter "Lexington" or Defendant). (Def. SOF at ¶ 3; see also Lexington Ins. Policy, ECF No. 39-4). Plaintiff's deductible for claims arising out of wind and hail damage was $21,860.00, or 2% of the total coverage dwellings. (See Lexington Ins. Policy, at 1; see also Def. SOF at ¶ 4).

After Plaintiff's property sustained damage from Superstorm Sandy, Plaintiff submitted a claim to Lexington. (Def. SOF at ¶ 5). Lexington then had the property inspected by Vertex. (See Vertex Report, ECF No. 43-3). Vertex issued a report, concluding that high winds caused and contributed to:

- The damage to the roof shingles along the leave edge on the north-facing side of the uppermost roof of the main house;

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2019 U.S. Dist. LEXIS 43625 *; 2019 WL 1242436

ZERO BARNEGAT BAY, LLC, Plaintiff, v. LEXINGTON INSURANCE COMPANY, Defendant.

Subsequent History: Reconsideration denied by Zero Barnegat Bay, LLC v. Lexington Ins. Co., 2019 U.S. Dist. LEXIS 136895 (D.N.J., Aug. 13, 2019)

CORE TERMS

wind, summary judgment, estimate, transformer, damages, boardwalk, pool, repairs, flood, bad faith, benefits, genuine, material fact, fair dealing, good faith, window, summary judgment motion, electrical, covenant, coverage