A condominium association whose members include Sullivan & Cromwell and the American Civil Liberties Union is suing four insurance companies for $25.9 million in damages from Superstorm Sandy.
Sullivan & Cromwell is representing The 125 Broad Condominium in litigation against Ace American Insurance Co., Arch Insurance Co., Westport Insurance Corp. and XL Insurance America Inc.
The condo group, where Sullivan & Cromwell is a majority owner, said the insurers have refused to honor policy agreements. The suits say insurers have argued their policies should be considered part of a “quota sharing program” with other policies that only need to pay a fraction of the amount of coverage available.
But Sullivan & Cromwell partners Robert Sacks and Mark Rosenberg said in court documents that the policies do not reference a quota share program, and that flood sublimits in each policy provide for much more than what the insurers have paid and acknowledged.
The group is seeking about $14.1 million in damages from Westport; about $4.6 million from Arch; about $2.9 million from XL; and about $4.3 million from ACE.
The suits said 125 Broad St. “sustained severe physical damages” during Sandy in October 2012. Dozens of feet of flood water rushed into the building’s lower levels, and Sullivan & Cromwell did not return to its office for a couple weeks. In all, the building experienced about $48 million in total losses, according to the suits.
Other members of the association suing insurers include subsidiaries of Mack-Cali Realty.
Several law firms have sued their insurance companies in the last year, many of them for business interruption costs, including Cleary Gottlieb Steen & Hamilton, at One Liberty Plaza, which said it lost more than $3 million in business income as a result of Sandy damages (NYLJ, Feb. 10, 2014).