Read the following excerpt from a US court opinion:
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pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56.” Fed.R.Civ.P. 12(d). But uncontested documents referred to in the pleadings may be considered by the Court without ce Act (“NFIA”) Any federally regulated lender making a loan secured by real property in a designated flood zone must require the purchase of insurance as a condition of making the loan. 42 U.S.C. § 4012a(b)(l). The NFIA e lack of a federal cause of action does not per se eliminate the possibility of a state law claim against the lender, courts applying Louisiana law have held that any duty to make a correct flood zone determination arises from the NFIA and not state law. See Duong v. Allstate Ins. Co., 499 F.Supp.2d 700, 702-04 (E.D.La.2007) . Defendant contends that plaintiffs claims
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What is the most suitable continuation to the opinion? Your options are:
A. holding that without a sfip the nfip does not apply and the nfia cannot extend to the relationship between the insurance company and their insureds
B. holding the state law claims were not preempted
C. holding that the plaintiffs state law claims are preempted by federal law
D. 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
E. 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
Reply with [A, B, C, D, E] only.