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