La Mirage Homeowners Association, Inc. v. Wright National Flood Insurance Co.

Court: SD Tx  08/29/2019  Court Dismisses Insured's State Law Claims against Flood Insurer Due to Federal Preemption, LEaving Breach of Contract as Only Surviving Claim

The court determined that the insured's claims for negligence, attorneys' fees, and interest were based on "claims handling" such that they were preempted by federal law.

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claims handlingstate lawextra-contractual claimsflood insurance policymotion to dismissfailure to state a claimpreemption

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