Ind. Judge Declines Invitation to Offer Preemption Guidance for Superstorm Sandy Claims

INDIANAPOLIS — A trial court judge in Indiana has opted not to weigh in on the issue of whether state law flood claims are preempted by federal law, despite being urged to do so because of the potential impact of the ruling on cases involving coverage of Superstorm Sandy claims.

Instead, Judge Jane Magnus-Stinson of the U.S. District Court for the Southern District of Indiana ruled Sept. 24 that key defects of the underlying claim against Fidelity National Property and Casualty Insurance Co. made it unnecessary to address the preemption issue, which the judge said remains complex and unsettled in …