"> EDNY Judge Severs Joint Hurricane Sandy-Related Insurance Suit - Fineman, Krekstein, & Harris

EDNY Judge Severs Joint Hurricane Sandy-Related Insurance Suit

Judge Joanna Seybert of the United States District Court for the Eastern District of New York ruled that a two-plaintiff lawsuit stemming from Hurricane Sandy-related claims should be severed.  The homeowners filed a joint suit after their insurance claims were denied.  However, Judge Seybert ruled that the two claims could not be filed as a single suit because they did not arise from the same “transaction or occurrence.”  Citing similar cases on the issue, the Court reasoned that the only commonality between the claims was that they arose from damage caused by the same storm.  The case is Roth, et al. v. Hartford Insurance Company of the Midwest.