United States Fifth Circuit
Gallup v. Omaha Prop. & Cas. Ins. Co., 04-31213
Finding that plaintiffs' state law tort claims against an insurer are not preempted by Federal Emergency Management Agency (FEMA) regulations is reversed because state law tort claims arising from claims handling by a "Write Your Own" insurance company are preempted by the National Flood Insurance Act, and thus, the Act gives the FEMA authority to promulgate regulations to that effect.
Appellate Information
- Decided 12/22/2005
- Published 12/22/2005
Judges
- W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, SMITH and DENNIS, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Sandra Wien Simon (argued), William Kanter, U.S. Dept. of Justice, Civ. Div., Washington, DC, for Amicus Curiae, U.S.
- For Appellees:
- Deborah Cunningham Foshee, Jon Anthony Van Steenis (argued), Hemelt & Foshee, Covington, LA, for Plaintiffs-Appellees., Gerald Joseph Nielsen (argued), William Truman Treas, Nielsen Law Firm, Metairie, LA, for Defendant-Appellant.