Clark v. Wright Nat'l Flood Ins. Co.

380 F. Supp. 3d 523
CourtDistrict Court, E.D. Louisiana
DecidedApril 3, 2019
DocketCIVIL ACTION NO. 18-4852
StatusPublished

This text of 380 F. Supp. 3d 523 (Clark v. Wright Nat'l Flood Ins. Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. Wright Nat'l Flood Ins. Co., 380 F. Supp. 3d 523 (E.D. La. 2019).

Opinion

SARAH S. VANCE, UNITED STATES DISTRICT JUDGE

Before the Court is defendant's motion for summary judgment.1 Because plaintiffs did not comply with the proof of loss requirement applicable to their flood insurance claim, the Court grants the motion and dismisses plaintiffs' claims.

I. BACKGROUND

This action arises out of an insurance dispute over property damage caused by two floods-one in March and one in August-in Louisiana during the summer of 2016.2 During each flood, plaintiffs' home was insured through a standard flood insurance policy (SFIP) provided by defendant Wright National Flood Insurance Company, which participates in the National Flood Insurance Program.3

Plaintiffs reported their losses from the March flood to Wright on March 13, 2016.4 Wright assigned a claims corporation to inspect the loss.5 The claims corporation sent Brian Nixon to inspect the property on March 17, 2016.6 On April 27, 2016, plaintiffs submitted a proof of loss (POL) that they prepared without Nixon's involvement.7 Plaintiffs' April 27, 2016 POL

*527includes the statement, "I hereby declare and attest that the information contained in this letter is true and correct to the best of my knowledge."8 It does not include the phrase "under penalty of perjury."9 On May 16, 2017, plaintiffs refused to sign a damage estimate and POL prepared by Nixon.10 On June 22, 2017, plaintiffs refused to sign a final POL for the March flood prepared by the claims corporation.11 On January 22, 2018, plaintiffs submitted a proof of loss dated January 19, 2018 for "undisputed building and contents losses for the March flood."12 The deadline to submit a proof of loss for the March flood was July 11, 2016.13 On January 29, 2018, Wright tendered payment to plaintiffs in the amount of $ 40,514.33, which is the amount of building losses, after the policy deductible, for the March flood as calculated in the final proof of loss sent by the claims corporation.14

Plaintiffs reported their losses for the August flood on August 17, 2016.15 Wright assigned their claim to a claims corporation.16 Alan Nunnelley, on behalf of the claims corporation, inspected plaintiffs' property on August 21, 2016.17 After his inspection, Nunnelley prepared an estimate of plaintiffs' losses, and he sent plaintiffs a proposed proof of loss on October 25, 2016.18 Plaintiffs refused to sign the proposed proof of loss.19 Instead, plaintiffs submitted their own proof of loss on December 7, 2016.20 On September 5, 2017, Nunnelley sent plaintiffs a final proof of loss, which plaintiffs did not sign.21 On February 7, 2018, plaintiffs filed a proof of loss for only the undisputed items from the August flood.22 The deadline to file a claim for the August flood was December 31, 2017.23

On May 14, 2018, plaintiffs filed this action against Wright, claiming breach of contract.24 Plaintiffs filed three motions for partial summary judgment on allegedly undisputed loss amounts.25 On January 23, 2019, the Court denied one of plaintiffs' motions for partial summary judgment on allegedly undisputed amounts from the August flood, because the December 7, 2016 proof of loss did not satisfy the requirements of the SFIP and the February 7, 2018 proof of loss was untimely.26 Wright now moves for summary judgment *528on plaintiffs' claim against it.27 Plaintiffs oppose Wright's motion.28

II. LEGAL STANDARD

Summary judgment is warranted when "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a) ; see also Celotex Corp. v. Catrett , 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) ; Little v. Liquid Air Corp. , 37 F.3d 1069, 1075 (5th Cir. 1994). When assessing whether a dispute as to any material fact exists, the Court considers "all of the evidence in the record but refrain[s] from making credibility determinations or weighing the evidence." Delta & Pine Land Co. v. Nationwide Agribusiness Ins. Co. , 530 F.3d 395, 398-99 (5th Cir. 2008). All reasonable inferences are drawn in favor of the nonmoving party, but "unsupported allegations or affidavits setting forth 'ultimate or conclusory facts and conclusions of law' are insufficient to either support or defeat a motion for summary judgment." Galindo v. Precision Am. Corp. , 754 F.2d 1212, 1216 (5th Cir. 1985) ; see also Little , 37 F.3d at 1075. A dispute about a material fact is genuine "if the evidence is such that a reasonable [factfinder] could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

If the dispositive issue is one on which the moving party will bear the burden of proof at trial, the moving party "must come forward with evidence which would entitle it to a directed verdict if the evidence went uncontroverted at trial." Int'l Shortstop, Inc. v. Rally's, Inc.

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Cite This Page — Counsel Stack

Bluebook (online)
380 F. Supp. 3d 523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-wright-natl-flood-ins-co-laed-2019.