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PALMIERI v. ALLSTATE INS. CO.

Docket Nos. 05-1920-CV(L), 05-3010-CV(XAP).

445 F.3d 179 (2006)

Paul PALMIERI, Plaintiff-Appellant-Cross-Appellee, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 13, 2006.

Attorney(s) appearing for the Case

R. Bertil Peterson, Staff Counsel, Coalition of Landlords, Homeowners & Merchants, Inc., Babylon, NY, for Plaintiff-Appellant-Cross-Appellee.

Gerald F. Kirby, Feldman, Rudy, Kirby & Farquharson, P.C., Westbury, NY, for Defendant-Appellee-Cross-Appellant.

Before: SOTOMAYOR and WESLEY, Circuit Judges, and KAPLAN, District Judge.

SOTOMAYOR, Circuit Judge:

This contract dispute over a flood insurance policy requires us to determine whether we have jurisdiction to hear claims involving policies issued by private insurers pursuant to the National Flood Insurance Act ("NFIA" or the "Act"), codified at 42 U.S.C. §§ 4001-4129. We hold that 42 U.S.C. § 4072 gives us jurisdiction to hear such claims. We further hold that prejudgment interest may not be awarded against private insurers...

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