MESSA v. OMAHA PROPERTY & CAS. INS. CO.

No. CIV.A. 99-2859(JBS).

122 F.Supp.2d 513 (2000)

Joseph L. MESSA, Jr., John McDonald and Carol McDonald, h/w, 47 West 18th St. Condominium Ass'n, Plaintiffs, v. OMAHA PROPERTY & CASUALTY INSURANCE COMPANY, Defendant.

United States District Court, D. New Jersey.

March 8, 2000.


Attorney(s) appearing for the Case

Joseph L. Messa, Jr., Ominsky & Messa, P.C., Marlton, NJ, for Plaintiffs.

Joseph D. Sams, Woodland Falls Corporate Park, Cherry Hill, NJ, and Gerald J. Nielsen, Nielsen Law Firm, Metairie, LA, for Defendant.


OPINION

SIMANDLE, District Judge.

The National Flood Insurance Program uses private insurers acting as fiscal agents of the United States Treasury to adjust and pay flood insurance claims for covered losses. This case raises the issue of whether an insured who is dissatisfied with the amount offered upon its flood loss may bring claims for extra-contractual causes of action (such as bad faith and punitive damages) against the insurer arising under state...

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