STORY FROM: Superstorm Sandy Insurance Litigation

Fraud Claims Against Engineering Firm in Sandy Coverage Action Preempted, N.Y. Judge Rules

MINEOLA, N.Y. — Claims accusing an engineering firm of submitting a falsified inspection report to a flood insurer that was used as a basis to deny part of a Superstorm Sandy claim are preempted by the National Flood Insurance Act, a New York judge has ruled.

On Aug. 19, Judge James P. McCormack of the Nassau County Supreme Court noted that federal courts in New York have ruled that similar causes of action arising from the alleged mishandling of claims brought under Write Your Own flood insurance policies are federally preempted.

Michael and Susan Breidenbach’s East Rockaway, N.Y., home sustained ...

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