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· 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 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.