Pecarovich

MEMORANDUM *

Richard Pecarovich appeals the district court’s judgment in favor of Allstate Insurance Company, a Write-Your-Own (“WYO”) coverage provider, on his wrongful denial of coverage claims under the National Flood Insurance Program (“NFIP”). The district court granted Allstate’s motion for judgment on the pleadings, ruling that Pecarovich was barred by the doctrine of conflict preemption from bringing a state tort claim against Allstate for bad faith in its claims handling, and from collecting punitive damages or interest. The district court then granted Allstate’s motion for summary judgment, ruling that Allstate was precluded from waiving the proof of loss filing in Pecarovich’s case by a Federal Emergency Management Agency Adjuster Manual (“Adjuster’s Manual”) provision limiting such waivers to cases of under $7,500 of loss. We affirm the district court’s holding that Pecarovich’s bad faith claim and requests for punitive damages and interest are barred, but disagree that the Adjuster’s Manual precluded Allstate from waiving the proof of loss filing for Pecarovich’s claim. We therefore remand this case for determinations of whether Pecarovich suffered loss from a…