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ARTICLE · 19 OCTOBER 2016

Question Of First Impression In Sixth Circuit

Plaintiffs purchased a home located in a federal flood zone, but they did not purchase full coverage flood insurance allegedly based on two wrongful acts.

United StatesInsurance

State-law Based Claims Against Parties Other than the United States Seeking Damages Arising Out of the Procurement of Flood Insurance for Property Located in a Flood Zone under the National Flood Insurance Act's Flood Insurance Rate Map Are Not Preempted by the National Flood Insurance Act

Harris v. Nationwide Mutual Fire Insurance Company, __ F.3d __, 2016 WL 4174381 (6th Cir. Aug. 8, 2016)

Case at a Glance

Plaintiffs purchased a home located in a federal flood zone, but they did not purchase full coverage flood insurance allegedly based on two wrongful acts: (1) they were erroneously advised prior to purchasing the home that it was not in a zone that required the purchase of any flood insurance; and (2) when they were advised, after purchasing the home, that they needed flood insurance they were sold a type of policy that did not provide them full coverage.  When a flood occurred and they were not fully compensated for their loss, they sued.  The United

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