Davis v. Travelers Property & Casualty Co.

ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND MOTION TO DISMISS (EXCEPT IN LIMITED PART)

ALSUP, District Judge.

INTRODUCTION

The issue on defendants’ motions is whether the National Flood Insurance Program immunizes a “write-your-own” carrier from any and all state-law liability (apart from flood insurance payments) for wrongful acts in processing NFIP claims. This order holds that there is no such blanket immunity.

STATEMENT

Plaintiffs, Kenneth and Barbara Davis of Corte Madera, argue that Travelers misled them to their detriment in advising them how to process their flood insurance…