APRIL 2017 BAD FAITH CASES: NFIA PREEMPTS STATE LAW BAD FAITH CLAIMS (New Jersey Federal)
The Court granted summary judgment to the insurer on a breach of good faith and fair dealing claim for attorney’s fees and costs and expenses, because the National Flood Insurance Act preempts state contract law, including bad faith claims.
Date of Decision: March 31, 2017
Caivano v. Allstate Ins. Co., No. 15-5791, 2017 U.S. Dist. LEXIS 50490 (D.N.J. Mar. 31, 2017) (Simandle, J.)