· 9/26/2008
MARSEILLES HOMEOWNERS CONDOMINIUM ASSOCIATION, INC. v. Fidelity Nat. Ins. Co.
Citations
- 542 F.3d 1053
- 2008 WL 4150108
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a FEMA memorandum containing similar terms did not “render permissive the requirement to file a proof of loss prior to filing suit.”
- stating that a motion under Rule 59(e) must clearly set forth a “manifest error of law or fact or must provide newly discovered evidence”
- filing a complete proof of loss is a “condition precedent” to bringing suit for proceeds under a SFIP
- filing a complete POL is a \condition precedent\ to bringing suit for proceeds under a SFIP
- “Under FEMA regulations, strict adherence is required to all terms of the SFIP.”
- “[A]n insured’s failure to provide a complete, sworn proof of loss statement, as required by the flood insurance policy, relieves the federal insurer’s obligation to pay what otherwise might be a valid claim.” (quotations and citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Barksdale, Benavides, Dennis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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