STORY FROM: Superstorm Sandy Insurance Litigation

NFIP Preempts Fraud, Misrepresentation Claims Against SFIP Insurer, 3rd Cir. Affirms

PHILADELPHIA — Fraud and misrepresentation claims asserted by a policyholder against the issuer of a Standard Flood Insurance Policy are preempted by the National Flood Insurance Program and cannot be refashioned as claims under federal common law in order to escape preemption, a federal appeals court has held.

On June 16, the 3rd Circuit U.S. Court of Appeals upheld an award of summary judgment to the insurer in a Hurricane Irene flood damage action, explaining that it “would frustrate the intent of Congress to allow preempted state law claims to proceed under the guise of federal common law.”

Psychiatric Solutions ...

Associated Law Firms
Law Offices of Harry P. Begier
Stradley Ronon Stevens & Young

Associated Documents

Registered User Login



Related Conferences

No conferences scheduled at this time.

Full Archives