Rodriguez-Roble v. American National Property & Casualty Co.

176 So. 3d 660, 14 La.App. 5 Cir. 938, 2015 La. App. LEXIS 1810, 2015 WL 5613332
CourtLouisiana Court of Appeal
DecidedSeptember 23, 2015
DocketNo. 14-CA-938
StatusPublished

This text of 176 So. 3d 660 (Rodriguez-Roble v. American National Property & Casualty Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodriguez-Roble v. American National Property & Casualty Co., 176 So. 3d 660, 14 La.App. 5 Cir. 938, 2015 La. App. LEXIS 1810, 2015 WL 5613332 (La. Ct. App. 2015).

Opinion

HANS J. LILJEBERG, Judge.

| Appellants, Louis Rodriguez-Roble and Marisol Soto-Ayala, appeal the trial court’s judgment granting the exception of lack of subject matter jurisdiction filed by appellee, American National Property and Casualty Company (“ANPAC”). For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

Appellants filed a petition for damages alleging on or about August 28, 2012, their property located at 80 Ridgewood Drive in Laplace, Louisiana, sustained wind, rain and flood water damage during Hurricane Isaac. Appellants sued ANPAC under Policy No. 9901262282012, which is a flood insurance policy. Appellants contend they provided satisfactory proof of their claim,but ANPAC failed to make any offers to [661]*661resolve this claim. As a result, appellants filed this lawsuit seeking damages under their policy, as well as penalties for AN-PAC’s | ^alleged bad faith and unreasonableness in failing to make an offer to settle or pay their claim.

In response to appellants’ petition, AN-PAC Louisiana Insurance Company filed an exception of no right of action seeking dismissal of the claims against it on the grounds that appellants sued ANPAC Louisiana Insurance Company in its capacity as a homeowner’s insurer.1 ANPAC Louisiana Insurance Company claimed it did not issue a homeowner’s policy to appellants. The trial court granted the exception of no right of action and dismissed appellants’ claims against both ANPAC Louisiana Insurance' Company and appel-lee, ANPAC, in their capacity as alleged homeowners’ insurers; The trial court further allowed appellants time’ to amend their petition to name their flood insurance carrier. Appellants filed a first supplemental and amending petition indicating their intent to sue appellee, ANPAC “in its capacity as flood insurer.”

In response to the supplemental and amending petition, ANPAC filed an exception of lack of subject matter jurisdiction in its “fiduciary capacity as a fiscal agent of the United States” and as a “Write-Your-Own Program carrier participating in the U.S. Government’s National Flood Insurance Program” (“NFIP”). ANPAC argued the state court lacked subject matter jurisdiction because under the NFIP, federal courts enjoy exclusive jurisdiction over the denial and adjustment of flood insurance claims. In support of its exception, ANPAC attached a copy of flood policy declarations for Policy No. 99012628182012 which insured appellants’ home when it sustained damage as a result of. Hurricane Isaac.

In their opposition brief, appellants objected to the flood policy declaration presented by ANPAC because it was not a certified copy and it listed the former Downer of the property, Peggy Ann Ba-deaux, as the insured, rather than appellants.2 During oral argument heard on September 12, 2014, ANPAC’s counsel'indicated he was providing the trial court with an additional flood policy declarations page- which listed appellants’ names. However, it does not appear the trial court formally entered this document into evidence. ’

Following oral argument, the trial court took the matter .under submission and on September 24, 2014, the trial court issued a judgment sustaining appellee’s exception of lack of subject matter jurisdiction. The judgment included a section entitled “Discussion,” wherein the trial court explained that it sustained the exception because appellants’ “claims arising against AN-PAC, which operates under the Write Your Own (“WYO”) Program, ■ are governed by federal law which has original exclusive jurisdiction.” The trial court also dismissed appellants’ arguments objecting to the flood policy declarations page on the grounds the document adequately identified the insured property which is the subject of this litigation.

LAW AND DISCUSSION

On appeal, appellants set forth eight assignments of error. The ■ majority, of [662]*662these assignments of error, as well as the entire argument section of their brief, focus on appellants’ position that ANPAC failed to introduce sufficient evidence to establish their flood insurance policy is part of a “federal program” that creates exclusive subject matter jurisdiction in the federal courts. Appellants further claim, ipse dixit, the state court has concurrent jurisdiction over their claims against the appellee. Additionally, appellants completely fail to address whether the federal courts have exclusive jurisdiction over their claims against appellee.

IsThe NFIP, created under the National Flood Insurance Act of 1968, provides coverage for property losses resulting from' flood damage. See Gowland v. Aetna, 143 F.3d 951, 953 (5th Cir.1998). The Federal Emergency Management Agency (“FEMA”) operates the program and issues policies either directly to insureds or through private insurers such as ANPAC. Id. All claims are paid directly from the federal treasury and policies are issued in the form of a Standard Flood Insurance Policy (“SFIP”). Id.; 44 C.F.R. §§ 61.4(b), 61.13(d).

A person insured under and making a claim under such a policy is charged with constructive knowledge of the provisions of his particular SFIP and the NFIP, regardless of his actual knowledge of what is in the regulations and regardless of the hardship resulting from innocent ignorance. Worthen v. Fidelity Nat. Property and Cas. Ins. Co., 463 Fed.Appx. 422, 424 (5th Cir.2012). In fact, in Miller v. American Bankers Insurance Group, 85 F.Supp.2d 1297, 1301 (S.D.Fla.4/30/99), the court recognized because a flood insurance policy is codified under federal law, an insured is charged with knowledge of a flood insurance policy’s contents even if the insured never received a copy of the policy.

Furthermore, Louisiana state and federal courts have both recognized the National Flood Insurance Act and regulations governing an SFIP both provide federal courts with exclusive jurisdiction over disputes regarding the denial and adjustment of flood claims. See 42 U.S.C. § 40723 and 44 C.F.R. Pt. 61, App. A(1), art. VII(R); Ferraro v. Liberty Mutual Insurance Company, 796 F.3d 529, 531 (5th Cir.2015) (“42 U.S.C. § 4072 ... provides exclusive federal jurisdiction over litigation arising out of the NFIP.”); Landry v. Louisiana Citizens Prop. Ins. Corp., 07-247 (La.App. 3 Cir. 8/28/07), 964 So.2d 463, 470, affirmed in part, vacated in part on other grounds, 983 So.2d 66 (La.2008); Landry v. State Farm Insurance Company, 428 F.Supp.2d 531, 532-33 (E.D.La.4/25/06).

It is undisputed appellants seek damages and bad faith penalties from ANPAC in its capacity as a flood insurer under Policy No. 9901262282012 based on its alleged failure to pay their flood claim. Appellants cannot avoid the federal courts’ [663]

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Related

Gowland v. Aetna
143 F.3d 951 (Fifth Circuit, 1998)
Landry v. Louisiana Citizens Prop. Ins. Co.
964 So. 2d 463 (Louisiana Court of Appeal, 2007)
Miller v. American Banker's Ins. Group
85 F. Supp. 2d 1297 (S.D. Florida, 1999)
Landry v. State Farm Fire & Casualty Co.
428 F. Supp. 2d 531 (E.D. Louisiana, 2006)
Harris v. Jefferson Parish President & Parish Council
119 So. 3d 603 (Louisiana Court of Appeal, 2013)
Ferraro v. Liberty Mutual Fire Insurance
796 F.3d 529 (Fifth Circuit, 2015)

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Bluebook (online)
176 So. 3d 660, 14 La.App. 5 Cir. 938, 2015 La. App. LEXIS 1810, 2015 WL 5613332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-roble-v-american-national-property-casualty-co-lactapp-2015.