GALLUZZO
v.
AMERICAN STRATEGIC INSURANCE CORP.
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this flood insurance case, the court granted defendant's unopposed motion for partial summary judgment, ruling that plaintiffs cannot recover attorney's fees and interest on a claim under the Standard Flood Insurance Policy issued pursuant to the National Flood Insurance Act.
Plaintiffs cannot recover attorney's fees and interest in a flood insurance case as a matter of law. The court granted the defendant's motion for partial summary judgment on this issue.
“This is a flood insurance case. Plaintiffs originally sued for breach of contract in state court. But the contract at issue is a Standard Flood Insurance Policy issued under the National Flood Insurance Act.”
Establishes the nature of the case and the basis for federal jurisdiction
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiffs sued for breach of contract in state court regarding a Standard Flood Insurance Policy issued under the National Flood Insurance Act. Defen…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Standard Flood Insurance Policy cases and more on FLexlaw
Before the Court is Defendant's Motion for Partial Summary Judgment (Doc. 37). Plaintiffs failed to respond, so the Court ordered them to show cause why this action should not be dismissed for failure to prosecute. (Doc. 38). Plaintiffs have since responded that they do not oppose the motion and stipulate to the relief sought. (Doc. 39). For the below reasons, the Court grants the motion.
This is a flood insurance case. Plaintiffs originally sued for breach of contract in state court. But the contract at issue is a Standard Flood Insurance Policy issued under the National Flood Insurance Act. So Defendant invoked this Court's jurisdiction over flood claims and removed the action. See 28 USC § 1331; 42 USC § 4072.
Defendant now argues that Plaintiff cannot recover attorney's fees and interest in this flood case as a matter of law. Given the authorities cited by Defendant and Plaintiffs' stipulation, the Court agrees. See, e.g., Dunn v. Wright Nat'l Flood Ins. Co., No. 2:23-CV-534-SPC-KCD, 2023 WL 5956980, at *1 (M.D. Fla. Sept. 13, 2023) (finding requests for attorney's fees and interest under Florida law improper in a flood case).
Accordingly, it is now
ORDERED:
1. Defendant's Unopposed Motion for Partial Summary Judgment (Doc. 37) is GRANTED.
2. The Court takes no further action on its Order to show cause (Doc. 38).
DONE and ORDERED in Fort Myers, Florida on December 19, 2024.
SheriPolster Rappell SHERI POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record