Opinion
CIVIL ACTION NO. 1:07CV1118 LTS-RHW.
November 26, 2007
ORDER
The Court has before it the plaintiff's motion [5] to remand. For the reasons set out below, this motion will be denied.
Plaintiff is a property owner who, at the time of Hurricane Katrina, was insured under a Standard Flood Insurance Policy (SFIP) issued under the National Flood Insurance Act, 42 U.S.C. § 4001, et seq. The state court complaint alleges that the defendants improperly classified the plaintiff's residence with respect to flood zones. Plaintiff alleges that she is entitled to either a refund of excess premiums or enhanced flood insurance coverage.
These allegations establish federal question subject matter jurisdiction under 28 U.S.C. § 1331, even though the plaintiff has couched her claims in terms of negligence under state law. Establishing the right to a premium refund or to reformation of a SFIP is a matter governed by federal common law and the National Flood Insurance Act. Southpointe Villas Homeowners Ass'n, Inc. v. Scottish Insurance Agency, Inc., 213 F.Supp 2d. 586 (D.S.C. 2002).
While a claim based on the failure to procure flood insurance coverage does not establish federal question jurisdiction, a claim for a partial refund of premiums, which are federal funds, is sufficient to establish federal question jurisdiction. Miccio v. Allstate Ins. Co., 2007 WL 163046 (E.D.La. 2007); Messina v. State Farm Fire and Cas. Co., 2007 WL 625947 (E.D.La. 2007)
Accordingly, it is
ORDERED
That the plaintiff's motion to remand is hereby DENIED.