STORY FROM: Superstorm Sandy Insurance Litigation

Claims Against WYO Insurer in Misrepresentation Action Preempted, La. Federal Judge Rules

NEW ORLEANS — State law claims asserted against a Write Your Own flood insurer in a coverage misrepresentation action are preempted because they arise from claims handling rather than procurement of the policy, a Louisiana federal judge has ruled.

In a March 16 order, Judge Carl J. Barbier of the U.S. District Court for the Eastern District of Louisiana said the plaintiffs were in the midst of a non-lapsed policy when the alleged misrepresentations occurred and therefore the interactions constitute “claims handling” and are subject to preemption.

In March 2016, Peggy and Jimmy Miranda’s Covington, La., property was damaged by ...

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