NFIA Preempts RICO Claims Asserted Against Engineering Firm, N.Y. Federal Judge Rules

NEW YORK — The National Flood Insurance Act preempts RICO claims asserted against an engineering firm accused of submitting a falsified inspection report that an insurer used as a basis to withhold Superstorm Sandy insurance benefits, a New York federal judge has ruled.

On Sept. 30, Judge Joseph Bianco of the U.S. District Court for the Eastern District of New York found the Act provides an exclusive remedy for policyholders seeking to challenge a Write Your Own insurer’s denial of their flood damage claims.

The plaintiffs’ breach of contract claim against their flood insurer remains pending.

Jeffery and Janet Poretsky’s …