United States Eleventh Circuit

In suit regarding denial of plaintiff's claim for benefits under a Standard Flood Insurance Policy after her property was damaged by a flood caused by Hurricane Ivan, summary judgment for defendant is affirmed over plaintiff's claims that the district court erred in: 1) granting summary judgment on complaint for breach of contract; 2) denying plaintiff's motion for leave to conduct limited discovery under Rule 56(f); 3) ruling that her tort claim was preempted by federal law; and 4) denying her motion to alter or amend the summary judgment under Rule 59(e), as the district court's interpretation of the Administrator's waiver conflicted with the standard practice in the flood claim adjusting industry.

Appellate Information

• Decided 12/10/2007
• Published 12/10/2007

Judges

• PRYOR, Circuit Judge:, Before MARCUS and PRYOR, Circuit Judges, and HANCOCK, District Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Patrick B. Collins, Patrick Collins, PC, Daphne, AL, Mary Eugenia Murchison, Murchison & Howard, L.L.C., Foley, AL, for Shuford.


• For Appellees:
  
• William R. DeJean, Gerald J. Nielsen, Nielsen Law Firm, L.L.C., Metairie, LA, James Robertson, Scott, Sullivan, Streetman & Fox, P.C., Mobile, AL, for Defendant-Appellee.