Legal Opinion
Paul Palmieri, Plaintiff-Appellant-Cross-Appellee v. Allstate Insurance Company, Defendant-Appellee-Cross-Appellant
Court of Appeals for the Second Circuit
Decided April 13, 2006No. Docket 05-1920-CV(L), 05-3010-CV (XAP)PublishedCited by 100 opinions
1Opinion of the Court
SOTOMAYOR, Circuit Judge:
This contract dispute over a flood insurance policy requires us to determine whether we have jurisdiction to hear claims involving policies issued by private insurers pursuant to the National Flood Insurance Act (“NFIA” or the “Act”), codified at 42 U.S.C. §§ 4001-4129. We hold that 42 U.S.C. § 4072 gives us jurisdiction to hear such claims. We further hold that prejudgment interest may not be awarded against private insurers acting as fiscal agents of the federal government under the NFIA. We also find that partial summary judgment was properly granted to Allstate on…
2Cases cited20 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
- Boyle v. United Technologies Corp.Supreme Court of the United States · 1988
- United States v. Kimbell Foods, Inc.Supreme Court of the United States · 1979
- Library of Congress v. ShawSupreme Court of the United States · 1986
15 more not listed; retrieve them via the Exa API.
3Cited by100 opinions
- New York Marine & General Insurance v. Lafarge North America, Inc.Court of Appeals for the Second Circuit · 2010
- Bank of New York v. First Millennium, Inc.Court of Appeals for the Second Circuit · 2010
- Tiffany (NJ) Inc. v. eBay Inc.Court of Appeals for the Second Circuit · 2010
- Goldman, Sachs & Co. v. Golden Empire Schools Financing AuthorityCourt of Appeals for the Second Circuit · 2014
- Luessenhop v. Clinton CountyCourt of Appeals for the Second Circuit · 2006
95 more not listed; retrieve them via the Exa API.