United States Sixth Circuit

Where plaintiffs had notice of the need to sue in federal court, and no authority supported the filing of suit in state court, the statute of limitations was not tolled in a claim seeking recovery under a flood insurance policy; plaintiffs' claims under the Kentucky Unfair Claims Settlement Statute are preempted by the National Flood Insurance Act.

Appellate Information

• Decided 05/16/2002
• Published 05/16/2002

Judges

• Before: GUY and MOORE, Circuit Judges;  HULL, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Timothy D. Belcher (argued and briefed), Elkhorn City, KY, for Plaintiffs-Appellants.


• For Appellees:
  
• Roger L. Massengale (briefed), Law Offices of Roger L. Massengale, Paintsville, KY, Gerald J. Nielsen (argued and briefed), Nielsen Law Firm, Metairie, LA, for Defendant-Appellee.