Gunnar Mertz v. American Family Insurance

672 F. App'x 699

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 23, 2016
• Docket: 14-35257
• Status: Unpublished

Opinion

MEMORANDUM **

Gunnar H. Mertz, a.k.a. G.H. Mertz, appeals pro se from the district court’s summary judgment in his action seeking coverage under an insurance policy issued under the National Flood Insurance Act of 1968 of various items allegedly damaged in a flood. We have jurisdiction under 28 U.S.C. § 1291. We review’ de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). We affirm.

The district court properly granted summary judgment because Mertz failed to raise a genuine dispute of material fact as to whether he submitted the required proof of loss for the items he claims should have been covered under the policy. See Flick v. Liberty Mut. Fire Ins. Co., 205 F.3d 386, 394 (9th Cir. 2000) (“[A] claimant under a standard flood insurance policy must comply strictly with the terms and conditions that Congress has established for payment.... Congress, through a valid act of delegation to FEMA, has authorized payment of flood insurance funds to only those claimants that submit a timely sworn proof of loss.”); see also 44 C.F.R. Pt. 61, App. A (1), § VII (J)(4) (establishing a proof of loss and its required elements as a condition precedent to recovery under the policy).

The district court did not abuse its discretion in denying Mertz’s motion for reconsideration because Mertz failed to establish any basis for relief. See Sch. Dist. No. 1J, Multnomah Cty., Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) (setting forth standard of review and grounds for reconsideration).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.