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· 7/19/2016

Acero Precision v. Bonelli, J.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that insured’s claim was time-barred under the SFIP because the 7 insured brought his action in federal court more than two years after his claim was denied
  • explaining that, under the SFIP and FEMA bulletins pertaining to Superstorm Sandy, an insurance company may pay a claim based on an adjuster’s recommendation, but a policyholder who believes he is entitled to recover more must still submit a proof of loss
  • collecting cases and observing that no federal court “has categorically determined whether the rejection of a proof of loss constitutes a ‘written denial of all or part of the claim.’”
  • plaintiff who sued insurance company following correspondence about proof of loss “necessarily admit[ed] that he viewed [this proof of loss correspondence] . . . as a written denial of his claim”
  • “For the same reasons that we must narrowly construe the type of suit a policyholder may bring against a [Write-Your-Own] carrier, we must also narrowly construe when a policyholder may bring suit.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.