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· 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 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.