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Raley v. Fletcher

United States District Court, S.D. Mississippi, Southern Division
Nov 26, 2007
CIVIL ACTION NO. 1:07CV1118 LTS-RHW (S.D. Miss. Nov. 26, 2007)

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.

SO ORDERED.


Summaries of

Raley v. Fletcher

United States District Court, S.D. Mississippi, Southern Division
Nov 26, 2007
CIVIL ACTION NO. 1:07CV1118 LTS-RHW (S.D. Miss. Nov. 26, 2007)
Case details for

Raley v. Fletcher

Case Details

Full title:MARY RALEY PLAINTIFF v. JAY FLETCHER, ET AL. DEFENDANTS

Court:United States District Court, S.D. Mississippi, Southern Division

Date published: Nov 26, 2007

Citations

CIVIL ACTION NO. 1:07CV1118 LTS-RHW (S.D. Miss. Nov. 26, 2007)