Florida Federal Court holds WYO insurer has no cause of action for unjust enrichment under federal flood insurance law and regulations

Jeremy Tyler's post yesterday, more on the collateral source rule, reminded me of the recent Florida Court case with similar facts, Florida Farm Bureau general insurance company v. Jernigan, 2010 WL 3927816 (n.d. FLA.) September 30, 2010).

Florida Farm Bureau issued the insurer as write your own program of carrier participation in the national flood insurance program ("NFIP"), a standard insurance policy ("SFIP") cover flood of defendant property. The insured home was destroyed during Hurricane Ivan and Farm Bureau tendered political boundaries for the apartment and content. Farm Bureau issued insured persons a separate homeowners policy for $138,500 in coverage for damage that due to a covered peril, wind but flood excluded. After receiving the policy limits from the SFIP, the insured person filed a claim under homeowner policies. This claim was trial, the jury found, the property was a total loss due to wind damage and political boundaries was insured.

Farm Bureau lawsuit, filed make a claim for unjust enrichment and seeks to restore the proceeds it paid the insured under the SFIP.

Farm Bureau sought after a SFIP amounts paid recover, the U.S. District Court for the Northern District of Florida concluded that appeal to those expressed by FEMA in the federal flood insurance regulations and NFIA insurance joint under federal law limited interpreted principles. There was no provision for relief from Farm Bureau in the above-mentioned law requested and the Court won't federal law could created common cause of action, the Court has no cause of action that could be restored for the Farm Bureau.