A manufacturer of hybrid-electric luxury sedans has filed suitagainst insurer XL Insurance over a claim the car-maker made afterSuperstorm Sandy.

The late-October storm destroyed nearly 340 Fisker Karmavehicles at a New Jersey port. The sedans were worth about $33million, says Fisker.

According to the lawsuit filed in New York Supreme Court, thevehicles were submerged in more than 5 feet of storm surge fromSandy. Each car was totaled at that point, says the Anaheim,Calif.-based car manufacturer, but some vehicles sustained furtherfire damaged when a 12-volt control unit in one of the vehiclescaught fire after the water receded at the Newark, N.J. port.

Fisker says it took out a policy with XL in July 2012 andnotified the insurer of a loss on November 13. It followed up witha proof-of-loss on Dec. 3 and met with XL's adjusters. On Dec. 20,Fisker says it received word XL was denying the claim.

Fisker seeks damages for breach of contract, attorneys' fees andcosts.

The lawsuit does not describe XL's reason for the claim denial.XL says it cannot comment on pending litigation.

The policy includes language limiting coverage to “insuredpremises,” but Fisker contends the definition includes damage tophysical property while in transit.

The Karmas were part of 21 different shipments of more than 900Fisker vehicles from Finland, where the cars are put together. The338 vehicles at the port were subject to a safety recall and wereawaiting service before they could be sent to dealers, according tocourt documents.

“Deviation and delay” in transit is also covered by the policy,claims Fisker.

Various deductibles and sublimits may apply to the claim, butFisker says the policy is subject to an overall limit of $100million per occurrence.