In a recent Hurricane Sandy Case out of New Jersey, an insured tried to bring state law claims against an Insurance Company that had written a Flood Policy under the National Flood Insurance Program (“NFIP”), a Federal Creation.
The court held that all the state law claims arising from denials of claims brought under [a Standard Flood Insurance Policy] are preempted by the provisions of the NFIP.” The court reasoned that state law tort causes of action arising from Standard Flood Insurance Policies “impede the purpose and objectives of Congress” in passing the Act.
Policy’s written under the National Flood Insurance Program (“NFIP”) are Federal, and have limited recourse and protection.
If you are seeking legal representation from an insurance claims lawyer please contact our office to schedule a free and confidential appointment. Call us at 855-500-Claim (2524) or 786-431-1333