Flood-related claim is denied because the homeowners policy had expired prior to Superstorm Sandy.

The plaintiffs sought to recover flood-related damages to their residence from Superstorm Sandy pursuant to the Standard Flood Insurance Policy issued by the defendant. However, the plaintiffs had failed to timely renew their homeowners policy, and the policy expired prior to the flood damage. While the plaintiffs admitted that they had not remitted the renewal premium to the defendant prior to the flood damage, they argued that their mortgagee, CitiMortgage, may have paid the premiums on their behalf. The plaintiffs offered no evidence to support this statement. The defendant did offer evidence that it had not received the payment from either the plaintiffs or CitiMortgage. The parties filed cross motions for summary judgment. The court ruled that there was no issue of material fact that the defendant had not received the renewal payment prior to the expiration of the policy. Thus, the court concluded that the plaintiffs were not entitled to coverage for the flood-related damages.

_{Case Law Alerts, 2^nd Quarter, April 2015}

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