Oxford Realty Group Cedar v. Travelers Excess and Surplus Lines Company (077617)

160 A.3d 1263, 229 N.J. 196, 2017 WL 2290135, 2017 N.J. LEXIS 570
Supreme Court of New Jersey·Decided May 25, 2017·No. A-85-15·Published·Cited by 40 cases

Opinions

JUSTICE FERNANDEZ-VINA

delivered the opinion of the Court.

In this appeal, we consider competing arguments about a surplus lines insurance contract’s coverage for a flood occurrence. Specifically, we are called upon to determine whether debris removal coverage applies in addition to the policy’s endorsement limiting flood coverage for all losses “resulting from Flood to buildings, structures or property in the open” in the policy’s covered flood zone.

The insured contracted, through the services of a licensed broker, with the insurer to obtain the surplus lines coverage for certain commercial apartment buildings. The insurance policy provided limits of insurance for the insured’s buildings and business personal property. The policy also listed limits of insurance for various occurrences and expenses, including debris removal. According to the policy, the debris removal coverage could apply in addition to certain limits of insurance for covered property under certain conditions.

Although the original insurance policy disclaimed all flood coverage, the parties added an endorsement to obtain access to flood coverage. The endorsement limited flood coverage to $1,000,000, a sum delineated in the supplemental coverage declarations.

[200]*200The insured’s property sustained severe damage during Super-storm Sandy. The insured claimed debris removal coverage in addition to $1,000,000 in flood damage. The insurer refused to pay any amount above the $1,000,000 flood damage cap in the endorsement. The insured sued for the debris removal coverage.

The trial court determined that the policy unambiguously capped the insured’s recovery at $1,000,000. The Appellate Division reversed and held that the debris removal provisions applied in addition to the $1,000,000 flood limit.

For the reasons set forth in this opinion, we hold that the insurance policy unambiguously capped the insured’s recovery at $1,000,000. Accordingly, we reverse the decision of the Appellate Division granting additional debris removal coverage.

I.

A.

The material facts are not in dispute. Plaintiffs Oxford Realty Group Cedar, CLA Management, and R.K. Patten LLC (collectively, Oxford) own and manage an apartment complex located on Patten Avenue in Long Branch, New Jersey (the Property). The Property is located in Flood Zone A according to National Flood Insurance Program classifications. Oxford entered into an insurance contract with defendant Travelers Excess and Surplus Lines Company (Travelers) to insure the Property. That insurance policy (the Policy) was effective between February 1, 2012, and February 1, 2013.

The Policy provided protection for the Property in the event of certain occurrences. Four sections of the Policy are pertinent to this matter: the Property Coverage Form; the Flood Endorsement; the Supplemental Coverage Declarations; and the General Conditions.

[201]*201Property Coverage Form

The Property Coverage Form constitutes the insuring agreement and proceeds to delineate the boundaries of coverage under the Policy. It thus establishes the structure for analyzing how the Policy’s parts work together. Section A’s Insuring Agreement states that

[Travelers] will pay for direct physical loss or damage to Covered Property at premises as described in the most recent Statement of Values ,.. caused by or resulting from a Covered Cause of Loss. Covered Cause of Loss means risks of direct physical loss unless the loss is excluded in Section D., Exclusions; limited in Section E., Limitations; or excluded or limited in the Supplemental Coverage Declarations or by endorsements.

Under Section B, Coverage explains what is and is not covered. The section notes at the outset that

[coverage is provided for Covered Property and Covered Costs and Expenses ... unless excluded in Section C., Property and Costs Not Covered. Coverage applies only when a Limit of Insurance is shown in the Supplemental Coverage Declarations for the specific type of Covered Property or Covered Costs and Expenses, except for items B.2.a., d., e., g., h. and i.[,] which do not require a specific Limit of Insurance to be shown.

Section B.l addresses “Covered Property” and B.2 addresses “Covered Costs and Expenses.” “Covered Property” includes “Building(s)” and “Business Personal Property,” among other property items. Under Section B.2, “Covered Costs and Expenses” include “Debris Removal,” among other services and expenses. Section B.2.a. addresses debris removal:

(1) [Travelers] will pay the necessary and reasonable expense incurred by [Oxford] to remove debris of Covered Property, other than “Outdoor Property!,]” caused by or resulting from a Covered Cause of Loss that occurs during the policy period.
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(2) For this Debris Removal Coverage, [Travelers] will pay up to 25% of:
(a) The amount [Travelers] pays for the direct physical loss or damage to the Covered Property; plus
(b) The deductible in this policy applicable to that direct physical loss or damage.
This limit is part of and not in addition to the Limit of Insurance that applies to the lost or damaged Covered Property. But if:
(a)(i) The sum of direct physical loss or damage and debris removal expense exceeds the Limit of Insurance; or
[202]*202(ii) The debris removal expense exceeds the above 25% limitation; and
(b) A Limit of Insurance is specified in the Supplemental Coverage Declarations for Debris Removal (additional);
[Travelers] will also pay an additional amount, up to the Limit of Insurance specified in the Supplemental Coverage Declarations for Debris Removal (additional)!.]

Section D of the Property Coverage Form lists “Exclusions” and specifically disavows any coverage for flood under the Property Coverage Form’s terms.

Flood Endorsement

Although the Property Coverage Form excludes flood damage, the parties to this insurance contract added a Flood Endorsement to the Policy to provide for flood occurrence coverage. Section F of the Flood Endorsement sets a cap for the flood coverage. Specifically, Section F states that

[t]he most [Travelers] will pay for the total of all loss or damage caused by Flood in any one policy year is the single highest Annual Aggregate Limit of Insurance specified for Flood shown in the Supplemental Coverage Declarations. This limit is part of, and does not increase, the Limits of Insurance that apply under this policy. Subject to the single highest Annual Aggregate Limit of Insurance:
1. Any individual Aggregate Limit of Insurance shown in the Supplemental Coverage Declarations for Flood is the most [Travelers] will pay in any one policy year for all loss or damage to which that Limit of Insurance applies.
2.

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Oxford Realty Group Cedar v. Travelers Excess and Surplus Lines Company (077617), 160 A.3d 1263, 229 N.J. 196, 2017 WL 2290135, 2017 N.J. LEXIS 570 (N.J. 2017).

160 A.3d 1263 (Oxford Realty Group Cedar v. Travelers Excess and Surplus Lines Company (077617)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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