Shuford v. Fidelity National Property & Casualty Insurance

How courts have described this case

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

• recognizing prior precedent “declin[ing] to recognize a constructive waiver when the provider processed the claim without a proof of loss and repeatedly assured the policyholder that all necessary papers had been filed”
• questioning whether equitable estoppel applied against a private NFIP insurer because it “was acting as a fiscal agent of the United States”
• reviewing for abuse of discretion a district court’s rulings on a motion under the predecessor to Federal Rule of Civil Procedure 56(d)
• rejecting the plaintiff’s constructive waiver argument because federal flood insurance policies require strict compliance and the plaintiff failed to show an express written waiver of the proof-of-loss requirement
• explaining standard for a motion to alter or amend a judgment
• “A claim under state law is expressly preempted ‘when Congress has manifested its intent to preempt state law explicitly in the language of the statute.”

Source: CourtListener parenthetical corpus (CC0).