Federal Judge: Claims In Flood Suit Are State Law Damages Preempted By Federal Law

Mealey's (January 16, 2019, 11:07 AM EST) -- MIAMI — A Florida federal judge on Nov. 15 granted a federal flood insurer’s motion to dismiss an insured’s claims for attorney fees, costs and interest in a coverage dispute over Hurricane Irma damage, finding that the claims are state law damages that are preempted by federal law and that the Equal Access to Justice Act (EAJA) does not apply (Eric Rizzo v. Wright National Flood Insurance Company, No. 18-10155, S.D. Fla., 2018 U.S. Dist. LEXIS 195921)....