![]() 10 LAW AND ANALYSIS Defendant alleges that Plaintiff’s extracontractual state law claims for bad faith, violations of Louisiana Revised Statutes §§ 22:1892 11 and 22:197312 Ashcroft v. 9 Rather, the complaint must contain enough factual allegations to raise a reasonable expectation that discovery will reveal evidence of each element of the plaintiffs’ claim. 8 “A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action’” will not suffice. 7 To be legally sufficient, a complaint must establish more than a “sheer possibility” that the plaintiff’s claims are true. ![]() 2 2 Case 2:22-cv-04416-JTM-MBN Document 16 Filed 02/14/23 of 6 To survive a Rule 12(b)(6) motion to dismiss, a plaintiff must plead enough facts “to state a claim to relief that is plausible on its face.” 4 A claim is “plausible on its face” when the pleaded facts allow the court to “raw the reasonable inference that the defendant is liable for the misconduct alleged.” 5 A court must accept the complaint’s factual allegations as true and must “draw all reasonable inferences in the plaintiff’s favor.” 6 The Court need not, however, accept as true legal conclusions couched as factual allegations. § 4072 specifically precludes state courts having concurrent jurisdiction over NFIP claims since federal court have “original, exclusive” jurisdiction). In its capacity as a WYO insurer, Defendant is acting as a fiscal agent of the United States. ![]() LEGAL STANDARD Congress created the National Flood Insurance Plan pursuant to the National Flood Insurance Act. To date, Plaintiff has filed no opposition to Defendant’s Motion. 3 Now before the Court is Defendant’s Motion to Dismiss Claims for Bad Faith and Alleging Violations of Louisiana Valued Policy Law and Louisiana Revised Statutes §§ 22:1892 and 22:1973, and All Claims For Consequential, Statutory, Exemplary, Economic and Punitive Damages, Attorneys’ Fees, Costs of Litigation, Penalties, and Professional Fees, and Pre And PostJudgment Interest. Defendant removed to this Court, as federal courts have exclusive subject matter jurisdiction over flood loss claims against WYO companies. Plaintiff also asserts claims for violations of Louisiana state law, along with claims for statutory penalties and attorney’s fees and costs under Louisiana Revised Statutes §§ 22:1973(B)(2) and (C) and 22:1892(B)(1), interest, professional fees and expenses, reimbursement for additional living expenses, and actual and consequential damages. As a result, Plaintiff filed a breach of contract suit against Defendant for failing to pay out under the policy. Defendant assessed the claim and allegedly returned estimates that were insufficient to cover the damage. 2 After Hurricane Ida, Plaintiff filed a timely claim and sought insurance proceeds from Defendant under the policy. 17-115045-2945 11 and insures against physical damage from wind, hail, fire and hurricane as well as flood-related damage. 1 Defendant provides flood insurance as a “Write Your Own” (“WYO”) carrier through the National Flood Insurance Program (“NFIP”), which is administered by the Federal Emergency The insurance Policy in question bears Policy No. The property was covered by a Standard Flood Insurance Policy (“SFIP”) that Plaintiff purchased from Defendant Wright National Flood Insurance Company. Blount, as the testamentary executor for the succession of the estate of Yvonne Alciatore Blount (“Plaintiff”), owns property that was damaged during Hurricane Ida in August 2021. BACKGROUND This case arises out of an insurance coverage dispute. For the following reasons, the Motion is GRANTED. 16 Case 2:22-cv-04416-JTM-MBN Document 16 Filed 02/14/23 of 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA YVONNE ALCIATORE BLOUNT CIVIL ACTION VERSUS NO: 22-4416 WRIGHT NATIONAL FLOOD INSURANCE COMPANY SECTION “H” ORDER AND REASONS Before the Court is Defendant Wright National Flood Insurance Company’s Motion to Dismiss (Doc. Wright National Flood Insurance Company et al Doc.
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