Gallup v. Omaha Property & Casualty Insurance

W. EUGENE DAVIS, Circuit Judge:

Omaha Property and Casualty Compa-. ny, a Write Your Own insurer under the National Flood Insurance Program, appeals the district court’s interlocutory order that the plaintiffs’ state law tort claims against the insurer are not preempted by federal law pursuant to regulations promulgated by FEMA under authority of the National Flood Insurance Act of 1968. Based on this court’s holding in Wright v. Allstate Ins. Co., 415 F.3d 384 (5th Cir.2005), we reverse.

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The National Flood Insurance Program (the “NFIP”) was established by the National Flood Insurance Act of…