Cohen

ORDER DENYING DEFENDANT STATE FARM’S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO PLAINTIFF’S THIRD CLAIM FOR BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING

This matter is before the Court on Defendant State Farm Fire and Casualty Co.’s motion for judgment on the pleadings as to Plaintiffs’ third claim for breach of the covenant of good faith and fair dealing. This motion raises the single issue of whether an insured under a Standard Flood Insurance Policy (“SFIP”) issued by a private insurer pursuant to the National Flood Insurance Act, 42 U.S.C. §§ 4001-4129 (“NFIA”), may state a claim for tor-tious breach of the covenant of good faith and fair dealing based upon the insurer’s allegedly tortious denial of coverage. This Court concludes that the NFIA does not preempt Plaintiffs state-law tort claim and, therefore, denies Defendant State Farm’s motion.

FACTUAL ALLEGATIONS

On March 30, 1998, Plaintiffs purchased from Defendant State Farm, through its agent Di Salvo Insurance Agency, Inc., a flood insurance policy, effective April 15, 1998 through April 15, 1999. On May 5, 1998, flood waters damaged Plaintiffs’ home and its contents. After Plaintiffs notified Defendant State…