MIAMI — A North Miami man suing his flood insurance carrier over a Hurricane Irma property damage claim dispute has lost his attempt to recover fees, court costs and interest as part of his alleged breach of insurance contract litigation.
According to the June 26 U.S. District Court for the Southern District of Florida filing, defendant Wright National Flood Insurance Company filed a motion to dismiss plaintiff Guy Attia's request for damages, interest, court costs and attorney fees in his breach of contract complaint.
In his suit originally filed in state court, Attia argued that he purchased a policy from Wright under the National Flood Insurance Program, and that Wright has breached the terms of his policy by not paying the "full amount" of the property damages incurred as a result of Hurricane Irma.
Wright, which was able to have the case moved to the district court, argues that Attia's recovery requests are "preempted and barred by federal statutory, regulatory and common law" as well as by the "no interest rule."
The court agreed with Wright with U.S. District Judge Robert Scola Jr. stating Wright's motion could be dismissed based on his not filing a timely response to Wright's motion. However, Scola also stated "the only policy issued by Wright to Attia was the standard policy, which is a codified federal regulation" and that "the terms and conditions of which cannot be disputed."
Scola granted Wright's motion for dismissal of Attia's recovery requests while still allowing Attia to proceed with the rest of his claims against Wright.