Reine et al v. State Farm Insurance Company et al
Filing
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ORDER AND REASONS granting 16 Motion to Partially Dismiss for Failure to State a Claim. Signed by Judge Helen G. Berrigan on 05/27/2014. (kac)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
STEVE REINE AND JULIE REINE
CIVIL ACTION
VERSUS
STATE FARM INSURANCE CO. ET AL.
NO. 13‐5641
SECTION “C” (4)
ORDER AND REASONS
Before this Court is the National Flood Insurance Program’s (“NFIP’s”) motion to
partially dismiss. Rec. Doc. 16. Plaintiffs do not oppose.
In its motion, NFIP argues that plaintiffs’ claims of negligent and bad faith
adjustment of Hurricane Isaac‐related flood insurance claims and their claims of
intentional infliction of emotional distress should be dismissed because the United
States has not waived sovereign immunity for them. NFIP further argues that Plaintiff’s
demands for a jury trial. Finally, NFIP argues that plaintiffs’ demand for loss of use of
property, living expenses, loss of enjoyment of property, diminution of property value,
damage to and loss of contents, mental anguish, attorney’s fees, cost of litigation,
interest, and all other general and equitable relief should be dismissed on the grounds
that neither the statute nor the policy allow for such damages. The Court agrees with
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each of these arguments to the degree necessary to resolve this motion. See Wright v.
Allstate Ins. Co., 500 F.3d 390, 397‐98 (5th Cir. 2007) (federal common law claims
preempted); Wright V. Allstate Ins. Co., 415 F.3d 384, 390 (5th Cir. 2005) (state law extra‐
contractual claims preempted); In re Estate of Lee, 812 F.2d 253, 255 (prejudgment
interest unrecoverable); West v. Harris, 573 F.2d 873, 880‐81 (5th Cir. 1978) (attorney fee
and prejudgment interest based on state causes of action unrecoverable).
Accordingly,
IT IS ORDERED that NFIP’s motion to partially dismiss is GRANTED. Rec. Doc.
16.
New Orleans, Louisiana, this 27th day of May, 2014.
____________________________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT JUDGE
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