Lorenzo v. American Strategic Insurance Company et al, No. 2:2013cv05639 - Document 9 (E.D. La. 2013)

Court Description: ORDER AND REASONS granting 5 Motion to Dismiss for Failure to State a Claim. Party American Strategic Insurance Company dismissed. Signed by Judge Helen G. Berrigan on 10/31/2013. (kac, )

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Lorenzo v. American Strategic Insurance Company et al Doc. 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ELSA LORENZO CIVIL ACTION VERSUS AMERICAN STRATEGIC INSURANCE CO. AND THE NATIONAL FLOOD INSURANCE PROGRAM NO. 13 5639 SECTION “C” (2) ORDER AND REASONS Before the Court is the defendant, American Strategic Insurance Co.’s (“ASI’s”) motion to dismiss pursuant to Rule 12(b)(6) for failure to state a claim on which relief can be granted. Rec. Doc. 5. The plaintiff does not oppose this motion. Rec. Doc. 8. This matter arises out of ASI’s alleged improper adjustment of claims submitted under a Write Your Own (WYO) insurance policy issued under the National Flood Insurance Program. Rec. Doc. 1. The motion to dismiss argues that the plaintiff’s extra contractual claims, claims for attorneys fees, and claims for pre and post judgment interest should be dismissed, with prejudice and at the plaintiff’s cost, as preempted or otherwise foreclosed by federal law. Having considered the record and the applicable law, the Court finds that ASI’s motion to dismiss is well grounded and meritorious. See Wright v. Allstate Ins. Co., 500 1 Dockets.Justia.com F.3d 390, 394 (5th Cir. 2007) (federal common law claims preempted); Wright V. Allstate Ins. Co., 415 F.3d 384, 390 (5th Cir. 2005) (state law extra contractual claims preempted); In re Estate of Lee, 812 F.2d 253, 255 (prejudgment interest unrecoverable); West v. Harris, 573 F.2d 873, 880 81 (5th Cir. 1978) (attorney fee and prejudgment interest based on state causes of action unrecoverable). Accordingly, IT IS ORDERED that ASI’s motion to dismiss is GRANTED. Rec. Doc. 5. New Orleans, Louisiana, this 31st day of October, 2013. ____________________________________ HELEN G. BERRIGAN UNITED STATES DISTRICT JUDGE 2

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