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· 4/15/2005

Allen B. Suopys v. Omaha Property & Casualty

Citations

  • 404 F.3d 805
  • 2005 U.S. App. LEXIS 6338
  • 2005 WL 857249

How courts have described this case

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

  • holding that only FEMA, and not a WYO Company, may alter, amend, or waive any provision within the SFIP
  • holding that despite assurances from the insurance company that the insured could file the POL after FEMA’s deadline, the insured could not collect because the insured was responsible for timely filing
  • noting that \[t]he NFIP is underwritten by the United States Treasury in order to provide flood insurance below actuarial rates\
  • explaining that private Write-Your-Own companies may market and adjust the Standard Flood Insurance Policy as fiscal agents of the federal government
  • “Because any claim paid by a WYO Company is a direct charge to the United States Treasury, strict adherence to the conditions precedent to payment is required.”
  • “Thus, we join a number of other Courts of Appeals in holding that strict adherence to SFIP proof of loss provisions, including the 60–day period for providing proof of loss, is a prerequisite to recovery under the SFIP.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Scirica, Rendell, Fisher

Read full opinion on CourtListener

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.