· 4/25/2003
Eduardo Sans v. U.S. Security Insurance Company
Citations
- 328 F.3d 1314
- 2003 U.S. App. LEXIS 7969
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 “failure to file a proof of loss within 60 days without obtaining a written waiver of the requirement eliminates the possibility of recovery.”
- holding an “insured must adhere strictly to the requirements of the standard federal flood insurance policy before any monetary claim can be awarded”
- holding that equitable estoppel was unavailable where the insurer- defendant: (1) failed to inform the insured about the proof-of-loss requirement; (2) advised the insured that “he had filled out all the necessary paperwork”; and (3) told the insured that his claims would be taken care of
- refusing estoppel defense where the insurer erroneously informed a policyholder that he had completed all of the necessary paperwork and his claim would be taken care of
- refusing equitable estoppel defense where the insurer erroneously informed a policyholder that he had completed all of the necessary paperwork and his claim would be taken care of
- \[F]ailure to file a proof of loss within 60 days without obtaining a written waiver of the requirement eliminates the possibility of recovery.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Birch, Hull
Read full opinion on CourtListenerSourced 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.