concluding that both 28 U.S.C. § 1331 and 42 U.S.C. § 4072 vest district courts with subject matter jurisdiction of such suits
Tommy L. Hairston v. Earth Satellite Electronic
concluding that a suit against a WYO insurer is, for jurisdictional purposes, “in reality” a suit against FEMA because FEMA pays the judgment and litigation costs
Newton v. Alabama Ins. Underwriting
concluding that a suit against a WYO company is the functional equivalent of a suit against FEMA for the purposes of 42 U.S.C. § 4072 (as discussed in Part II of this opinion)
Newton v. Alabama Ins. Underwriting
explaining that the Court has subject-matter jurisdiction over causes of action “alleging impropriety in the investigation and adjustment” of a claim since they are “intimately related to the disallowance of [an] insurance claim”
Henry Siedzikowski v. Administrator Federal Emergency Management Agency
stating that current expenditures are limited to $5,000
Irene Flick v. Liberty Mutual Fire Insurance Company
stating “when WYO companies deplete their net premium income, a phenomenon that occurs regularly because the companies must forfeit a significant portion of the proceeds from their premiums, they draw money from FEMA through letters of credit to disburse claims”
Irene Flick v. Liberty Mutual Fire Insurance Company
stating "when WYO companies deplete their net premium income, a phenomenon that occurs regularly because the companies must forfeit a significant portion of the proceeds from their premiums, they draw money from FEMA through letters of credit to disburse claims"
Irene Flick v. Liberty Mutual Fire Insurance Company
“Although WYO companies have the responsibility of defending against claims, FEMA reimburses the WYO companies for their defense costs.”
Migliaro v. Fidelity National Indemnity Insurance Co.
“The statute provides that an insured may sue FEMA. if it adjusts a claim and improperly refuses to pay benefits.”
Tucard, LLC v. Fidelity National Property & Casualty Insurance
“For several reasons, a suit against a WYO company is the functional equivalent of a suit against FEMA.”
MALIK v. AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, INC.
“42 U.S.C, § 4072 [and thus 28 U.S.C. § 1331] vests district courts with original exclusive jurisdiction over suits by claimants against [insurance] companies based on partial or total disallowance of claims for insurance arising out of [SFIPs].”
HAKIM INTERNATIONAL TRADING v. THE STANDARD FIRE INSURANCE COMPANY
“[A]n insured’s flood insurance claims are ultimately paid by FEMA.”
Migliaro v. Fidelity National Indemnity Insurance Co.
