Legal Opinion
Messa v. Omaha Property & Casualty Insurance
District Court, D. New Jersey
Decided March 8, 2000No. CIV.A. 99-2859(JBS)PublishedCited by 29 opinions
1Opinion of the Court
OPINION
SIMANDLE, District Judge.
The National Flood Insurance Program uses private insurers acting as fiscal agents of the United States Treasury to adjust and pay flood insurance claims for covered losses. This case raises the issue of whether an insured who is dissatisfied with the amount offered upon its flood loss may bring claims for extra-contractual causes of action (such as bad faith and punitive damages) against the insurer arising under state law, or whether such extra-contractual actions for improper claims processing are preempted by federal law.
In this case, plaintiffs Joseph L.…
2Cases cited32 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Baldwin County Welcome Center v. BrownSupreme Court of the United States · 1984
27 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Wright v. Allstate InsuranceCourt of Appeals for the Fifth Circuit · 2005
- Campo v. Allstate InsuranceCourt of Appeals for the Fifth Circuit · 2009
- Edgar Allen Gibson and Leslie Gibson v. American Bankers Insurance CompanyCourt of Appeals for the Sixth Circuit · 2002
- C.E.R. 1988, Inc. v. The Aetna Casualty and Surety CompanyCourt of Appeals for the Third Circuit · 2004
- Guyton v. FM LENDING SERVICES, INC.Court of Appeals of North Carolina · 2009
24 more not listed; retrieve them via the Exa API.