Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Chocolatier Gets Sweet Revenge on Chubb

By Chip Merlin on November 10, 2018
Email this postTweet this postLike this postShare this post on LinkedIn

In a Second Circuit decision, the court of appeals revived Madelaine Chocolate Novelties Inc.’s Superstorm Sandy claim against Chubb for property damage and business interruption for an additional $49 million in coverage. In overruling the lower court, the appellate court found that the lower federal court failed to properly evaluate all the relevant policy provisions.1

The district court trial judge concluded that Sandy’s storm surge is encompassed by the flood exclusion in the insurer’s “all-risk” policy which, in turn, would deny Madelaine’s claim. The appellate court however said the lower court had inappropriately relied upon multiple decisions in cases involving different policy language and hadn’t appropriately considered how various provisions in Madelaine’s policy affect the scope of the coverage. Madelaine also had a windstorm endorsement in their policy that the lower court forgot to consider whether it conflicted with the flood exclusion. The court also stated that, “in making this determination, the district court should continue to be mindful of well-established precedents requiring exclusions to be set out in ‘clear and unmistakable language’ and to be accorded a ‘strict and narrow construction.”

In Madelaine’s policy, the windstorm endorsement contained an anti-concurrent causation clause stating that windstorm coverage will apply to a loss “regardless of any other cause or event that directly or indirectly contributes concurrently to, or contributes in any sequence to, the loss.”

While the insured still has an uphill battle to win this argument, it would be a great win if the court ruled the flood exclusion and the wind endorsement were ambiguous. Any ambiguity would be favorable to the insured.

I leave you with a quote from the creator of Charlie and the Chocolate Factory, Roald Dahl, who said, “You should never, never doubt something that no one is sure of.” Hopefully the lower federal court is sure that the two clauses are ambiguous.

1 Madelaine Chocolate Novelties Inc. v. Great Northern Ins. Co., No. 17-3396 (2nd Cir. Oct. 23, 2018).

  • Posted in:
    Insurance
  • Blog:
    Property Insurance Coverage Law Blog
  • Organization:
    Merlin Law Group, P.A.
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo