Hurricane Sandy Tort Claim Against Broker Isn't Preempted

Law360, New York (October 2, 2013, 6:19 PM EDT) -- A New Jersey federal judge last week kept alive a Superstorm Sandy victim's claim that an insurance broker misrepresented the level of flood coverage available to the homeowner, refusing to hold that the claim was preempted by the National Flood Insurance Act.

U.S. District Judge Jose Linares turned down arguments from insurance broker Conklin and Kraft Agency that the 1968 federal law, which set up the government's flood insurance program, barred homeowner Widad Danho's tortious misrepresentation claim.

In her lawsuit, Danho asked the court to decide...
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