With no explanation, chose the best option from "A", "B", "C" or "D". her payments for escrow items never decreased. The Court finds that plaintiff alleges that Chase’s duty to make flood insurance payments arises from the mortgage agreement. The Court, therefore, rejects Chase’s argument that plaintiffs claims arise out of and are preempted by the NFIA. See Rentrop v. Nationwide Mut. Fire Ins. Co., No. 07-384, 2008 WL 2465288, at *3 (S.D. Miss. June 12, 2008) (“In my opinion, [mortgageej’s duty to make these payments, if any, does not arise under the NFIA[,] [but] would arise, if at all, from the terms of the contracts that govern the business relationship between [mortgagee] and the plaintiffs or from the course of dealings concerning these premium payments.”); Bennen v. Allstate Ins. Co., No. 06-5742, 2006 WL 3240786, at *1-2 (E.D.La. Nov. 6, 2006) (<HOLDING>). (ii) Breach of Contract Plaintiff asserts

A: holding plaintiffs negligence claims were preempted by the nfia because any alleged duty to provide a correct flood zone determination arises out of the nfia and not from any other place in louisiana law
B: holding the state law claims were not preempted
C: holding that because plaintiffs claims did not challenge the handling administration or payment of his flood claim or compliance with the act or the regulations the state law claims for breach of contract and tort are not preempted by the nfia
D: holding that carmark act preempted state law claims including those for liability for payment of claims
C.