Edgar Allen Gibson and Leslie Gibson v. American Bankers Insurance Company

I concur in the majority’s conclusion that the federal courts have exclusive original jurisdiction over lawsuits challenging the disallowance of claims against private insurers participating in the Write Your Own (‘WYO”) program under the National Flood Insurance Act (“NFIA”), pursuant to 42 U.S.C. § 4072. I disagree, however, with the majority’s conclusion that federal law preempts the Gibsons’ state-law tort claims. I also disagree with the majority’s conclusion that equitable tolling is not appropriate under the present circumstances. For these reasons, I respectfully dissent.

I. PREEMPTION

T…