Judge: Negligence Per Se Claim, Attorney Fees Request Are Preempted By NFIA, NFIP

Mealey's (November 8, 2017, 10:31 AM EST) -- PORTLAND, Ore. — An Oregon federal judge on Oct. 16 granted insurers’ motion to dismiss an insured’s negligence per se claim and request for attorney fees in a coverage dispute over damage to hotel rooms caused by tidal waters, finding the claims preempted by the National Flood Insurance Act (NFIA) and the National Flood Insurance Program (NFIP) (Surfsand Resort LLC v. Nationwide Mutual Fire Insurance Company, et al., No. 17-00866, D. Ore., 2017 U.S. Dist. LEXIS 171548)....