#TOWER HILL PREFERRED INSURANCE COMPANY SOFTWARE#

5 On January 16, 2009, Niceville filed its third-party complaint against LandAmerica, alleging a right to indemnity or contribution from LandAmerica for any liability Niceville might be have to the Kesslaks. § 4001 et seq., seeking coverage under the policy and alleging various state-law claims against Tower Hill, Niceville, the Blackledges, and Vanette Webb. On July 16, 2008, the Kesslaks filed suit in this court pursuant to the National Flood Insurance Act ('NFIA'), 42 U.S.C. As a result, Tower Hill refused coverage under the policy for damage to the Kesslaks' property. 4 During the claims adjustment process, Tower Hill learned that LandAmerica's flood zone determination was incorrect and that the Kesslaks' property was actually located in a flood hazard zone known as 'AE,' not in the less flood-prone 'X' area. The policy's declaration page states the condominium was located in flood zone 'X.' On October 19, 2007, the Kesslaks suffered property damage from flood waters and subsequently filed a claim under the Tower Hill policy. On June 6, 2006, Tower Hill issued the Kesslaks a Standard Flood Insurance Policy ('the policy') covering the twelve-month period expiring June 6, 2007, and renewed it on that date for another period ending June 6, 2008. § 4104b, listed Niceville as the 'contact' party and indicated flood insurance was available for the Kesslaks' condominium. The form, which contains information required under 42 U.S.C.

#TOWER HILL PREFERRED INSURANCE COMPANY SOFTWARE#

According to the software program, the condominium was in flood zone 'X,' and as a result LandAmerica issued a Standard Flood Hazard Determination form on April 24, 2006, with that flood zone designation. 3 In its third-party complaint, Niceville alleges Tower Hill required it to use a special software program owned and operated by LandAmerica in order to identify the proper flood zone designation for the Kesslaks' property. 2 Niceville completed an application form for the Kesslaks to obtain a policy issued by Tower Hill Preferred Insurance Company ('Tower Hill') through the National Flood Insurance Program ('NFIP'). BACKGROUNDĪccording to the Kesslaks' amended complaint and Niceville's third-party complaint, the Kesslaks contacted Niceville, a Florida insurance agency, in April, 2006, to apply for a flood insurance policy on a condominium they planned to purchase in Destin, Florida. After carefully considering the motion and Niceville's response, the court finds LandAmerica's motion should be granted. 1 The third-party complaint seeks indemnification or contribution from LandAmerica for any money judgment Niceville may be required to pay to Plaintiffs Joseph and Wendy Kesslak ('the Kesslaks') for Niceville's alleged negligence in obtaining an insurance policy for the Kesslaks with an incorrect flood zone determination.

33) Niceville Insurance Agency, Inc.'s ('Niceville') third-party complaint. Before the court is Third-Party Defendant LandAmerica Tax and Flood Services' ('LandAmerica') motion to dismiss (doc.

Tower hill preferred insurance company