N.J. Trial Court Applies "Named Storm" Deductible in Superstorm Sandy Case A New Jersey trial court has ruled that the “Named Storm” deductible applied to an insured’s claim in a Superstorm Sandy case. The Case: Wakefern Food Corporation, a buying cooperative of owners/operators of Shoprite and PriceRite supermarkets that purchased commercial property insurance from Lexington Insurance Company, claimed over $50 million in losses from Superstorm Sandy. Lexington paid about $22 million, and Wakefern sued the insurer. Wakefern asserted that Superstorm Sandy was not a “Named Storm” by definition when it hit New Jersey and its losses had occurred. It asserted that when the storm hit New Jersey at approximately 8:00 p.m. EDT on October 29, 2012, the storm was not declared by the National Weather Service to be a hurricane, typhoon, tropical cyclone, or tropical depression, as its policy defined Named Storm. Wakefern pointed out that as of 5:00 p.m. EDT on October 29, 2012, the storm already was “expected to transition into a frontal or wintertime low pressure system shortly.” Wakefern contended that by 7:00 p.m. EDT, the National Weather Service’s National Hurricane Center (“NHC”) had declared the storm a “Post-Tropical Cyclone.” Wakefern argued that a “Post-Tropical Cyclone” was defined in the glossary of NHC terms as its own weather event and that a Post-Tropical Cyclone was a “former tropical cyclone” not a “Hurricane, Typhoon, Tropical Cyclone, Tropical Storm or Tropical Depression.”