C.E.R. 1988, INC. v. AETNA CAS. AND SUR. CO.

No. 03-2833.

386 F.3d 263 (2004)

C.E.R. 1988, INC. v. THE AETNA CASUALTY AND SURETY COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Filed October 12, 2004.


Attorney(s) appearing for the Case

Gerald J. Nielsen, (Argued), Metairie, LA, for Appellant.

Francis J. D'Eramo, Nancy V. Young, (Argued), Nichols, Newman, Logan & D'Eramo, Christiansted, St. Croix, USVI, for Appellee.

Before BARRY, AMBRO, and SMITH, Circuit Judges.


AMBRO, Circuit Judge.

We address in this appeal whether the National Flood Insurance Program (the "Program") is sufficiently comprehensive to preempt a state tort suit arising from conduct related to the Program's administration. We conclude that the overarching purpose of the Program-to provide affordable flood insurance in high-risk areas in order to reduce pressures on the federal fisc-would be compromised by state court interference. Thus the plaintiff's state...

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