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"At his best, man is the noblest of all animals; separated from law and justice he is the worst." - Aristotle

SUCCESSFULLY NAVIGATING OUR CLIENTS' CONSTITUTIONAL, STATUTORY, REGULATORY AND INSURANCE ISSUES FOR OVER 30 YEARS.

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At Nielsen & Treas, LLC our attorneys and support team are here to ensure you the most sound advice and legal counsel possible.  Nothing is more important to us than defending your legal rights and ensuring whatever situation you or your company are facing comes to a favorable resolution.  Much of our practice focuses upon what would best be described as governmental interest litigation.  As such, we have a decades long history of assisting our clients in achieving efficient resolution of matters with full respect and adherence to all governing legal precepts.

  

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    LEGAL NEWS

SPONG II

In Spong v. Fidelity Nat. Prop. and Cas. Co., ---Fed.Appx.---(2017), the U.S. Fifth Circuit affimed the District Court ruling relying upon Lobeck (see below).  The Appellate Court held that those who deal with the Government are expected to know the law and are charged with constructive knowledge that the Spongs knew their property was located in a Coastal Barrier Resources System and therefore not eligible for coverage.  This is the second ruling from the 5th Circuit closing the door on so called policy precurement cases.

Spong_-_westlaw.pdf

U.S. Fourth Circuit Ruling

In Woodson v. Allstate Ins. Co., 855 3d. 628 (4th.Cir.2017), the 4th Circuit reversed the District Court ruling in favor of he plaintiffs.  The Appellate Court held that the plaintiffs failed to file suit in U.S.District Court within one year of Allstate's denial of coverage letter; that the statute of limitations defense was properly raised during the case and trial by Allstate;, and that tolling did not apply.  The Appellate Court also held that plaintiffs' state law based extra-conrtactual claims were barred and preempted.

Woodson_-_westlaw.pdf

U.S. Fifth Circuit Ruling

In Lobeck v. Licatino, et al,  678 Fed.Appx. 258 (2017), the U.S. Fifth Circuit affirmed the District Court's ruling granting the flood carrier and agent's motions for summary judgment.  The Court held that Plaintiff cannot reasonably rely on any misrepresentations in the context of a government insurance program as those who deal with the government are expected to know the law and cannot rely on conduct of the government agents contrary to law.  If followed, this ruling closes the door on so called policy procurement cases related to the NFIP.

Lobeck_-_westlaw.pdf

No RICO for NFIP claims

EDNY Dismisses RICO Suit resulting from Superstorm Sandy in Melanson v. U.S. Forensics, LLC, et al - April, 2016  Melanson_v_US_Forensics_-_westlaw.pdf

Senate Banking Committee

No systemic fraud found in Sandy Flood claims - Senate report - June, 2015. Click here to see the report Senate_Banking_Report.pdf