White Paper

3 Pages
  • 3 Pages

The Preemption Defense to Flood Insurance Claims Under the National Flood Insurance Program


Texas and Florida storms resulted in damages in the billions.

Due to the vast destruction that recent storms have cost, it is likely that a review of the preemption defense that is available to claims will need to happen. Most businesses' flood insurance claims, along with a large amount of residential claims that came about from Hurricanes Harvey and Irma, will not apply based on the amendments to the insurance code under the National Flood Insurance Program. This white paper reviews the specifics of the available defenses and provides an overview of the regulatory framework of federal flood insurance policies.



Thomas M. Gambardella

Wilson Elser Moskowitz Edelman & Dicker LLP

Tom Gambardella is a member of Wilson Elser’s Executive Committee. In a career spanning more than three decades exclusively at Wilson Elser, he has built an enviable track record involving the defense of professional liability matters with a focus on architects and engineers, employment practices, insurance coverage, agents and brokers, and health care and managed care issues. Accomplished in several areas of law, Tom also handles general liability matters, including the defense of national youth sports programs.

Throughout his career, Tom has managed a wide variety of national defense programs in connection with architects and engineers, employment practices liability, insurance/annuity and youth sports. His experience litigating thousands of complex professional liability disputes significantly strengthens his roles as litigation counsel and as coverage/monitoring counsel for a number of national professional liability programs. Tom’s knowledge of his craft combined with his familiarity with firm resources allow him to assemble attorney teams with the right skill sets nationwide to meet each client’s individual needs. Clients have come to appreciate Tom’s responsiveness, tenacity and commitment as he manages their legal issues so that they can appropriately focus on advancing their organization’s business objectives.

Tom has published articles on topics such as “Construction Claims under New York Law” and has lectured at outside seminars as well as clients’ in-house training programs.

Allison M. Holubis

Wilson Elser Moskowitz Edelman & Dicker LLP

Allison Holubis has been involved in some of Wilson Elser’s most significant litigation and, in collaboration with several senior partners, has already compiled an enviable record of success on behalf of the firm’s clients. Her practice involves high-profile, high-stakes work in the areas of municipal, public entity and public employee law; civil rights litigation; complex tort and general casualty; commercial litigation and employment litigation. Drawing on an outstanding set of skills—as well as her trademark intelligence and enthusiasm—Allison has argued effectively before state, federal and appellate courts.

Prior to joining Wilson Elser, Allison spent three years in public relations at two luxury goods companies. She continues to draw on her PR experience with respect to how she communicates - with clarity and precision - and how she approaches her client relationships - with responsiveness and sensitivity. Having further honed these skills and added substantially to her legal credentials, Allison can be relied on to accurately assess matters early in proceedings and effectively resolve issues through negotiation or litigation, as best suits each client’s needs.

Peter A. Meisels

Wilson Elser Moskowitz Edelman & Dicker LLP

Peter Meisels is a seasoned civil trial lawyer whose practice focuses on complex commercial litigation and defense of municipal liability claims including police, public officials, civil rights, and employment liability cases, as well as civil racketeering matters, in New York federal, state and appellate courts.

Peter’s commercial litigation practice includes contract disputes, declaratory judgment actions, commercial and residential foreclosures, defense of civil RICO claims, defense of professional malpractice cases, litigation of real estate title and lien priority issues, construction disputes including extra work and delay claims and contested brokerage commission claims, as well as matters relating to the enforceability of covenants not to compete.

Municipal clients have come to rely on Peter’s experience and background to present the best possible defense in the face of claims of wrongful conviction, excessive force, malicious prosecution, false arrest, false imprisonment, negligent supervision and training, premises liability, RICO and other high-stakes claims against municipalities, public employees and officials. He also defends traditional claims such as negligent design and maintenance of roads and sewers, negligent issuance of building permits and inspection, liability for negligent drainage design resulting in flooding, as well as civil rights matters predicated on land use issues such as unconstitutional taking and claims of unconstitutional discrimination.

Peter began his legal career defending major felony cases. After 13 years as a criminal defense attorney, he was appointed Chief Deputy County Attorney for Westchester County, NY. During his tenure with the County Attorney’s Office, Peter was instrumental in establishing the county’s self-insurance program and was responsible for supervision of all litigation to which the county was a party.

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