Smietanka v. Director, Federal Emergency Management Agency

830 F. Supp. 1014, 1993 U.S. Dist. LEXIS 13393, 1993 WL 376060
CourtDistrict Court, W.D. Michigan
DecidedAugust 31, 1993
DocketNo. 1:92-cv-719
StatusPublished

This text of 830 F. Supp. 1014 (Smietanka v. Director, Federal Emergency Management Agency) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smietanka v. Director, Federal Emergency Management Agency, 830 F. Supp. 1014, 1993 U.S. Dist. LEXIS 13393, 1993 WL 376060 (W.D. Mich. 1993).

Opinion

OPINION AND ORDER

MILES, Senior District Judge.

This case is a breach of contract case arising out of a flood insurance policy between Allan J. Smietanka and Virginia Smietanka (“the Smietankas”) and the Federal Emergency Management Agency (“FEMA”). The case is now before the court on FEMA’s Motion for Summary Judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons stated below, FEMA’s Motion for Summary Judgment is GRANTED.

FACTS

In 1968, Congress enacted the National Flood Insurance Program. 42 U.S.C. § 4001. Congress created the program because “many factors have made it uneconomical for the private insurance industry alone to make flood insurance available to those in need of such protection on reasonable terms and conditions.” 42 U.S.C. § 4001(b).

In 1988, Congress passed the Upton-Jones Amendment to the Act. 42 U.S.C. § 4013(c). This amendment extended the coverage of a Standard Flood Insurance Policy issued under the National Flood Insurance Program to include the cost of relocating or demolishing homes “subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels....” 42 U.S.C. § 4013(c).

About October 29, 1988, the Smietankas began insuring their property located at 5180 Notre Dame Road, Berrien County, Stevens-ville, Michigan, under a flood insurance policy purchased through the National Flood Insurance Program.

In August 1990, the Michigan land use authority certified the Smietankas home to be in a zone subject to imminent collapse. Shortly thereafter, the Smietankas made a claim though their agent to FEMA for the loss of the home and property.

In September 1990, a FEMA adjuster appeared at the Smietankas’ home to assess the claim. The adjuster was provided with copies of the property survey, deed, and [1015]*1015three estimates of the cost of demolition. FEMA’s first estimate of the loss was $31,-000. This estimate was later reduced to $28,918.

In autumn 1990 and winter 1991, raccoons and other rodents allegedly entered the home and damaged the walls, ceilings, and furnishings in the home.

In April 1991, FEMA sent a second adjuster to the home. The second adjuster noted the damage allegedly caused by the animals and issued a new appraisal of $11,500.

“On September 5, 1991 the defendant rendered a final determination of $12,150.00 based upon the value of the structure being $11,500.00.” Complaint at ¶ 13. The Smietankas objected to the final determination. Yet, in October 1991, FEMA informed the Smietankas that the final determination was being affirmed.

On October 13, 1992, the Smietankas filed a Complaint with this court. alleging that FEMA breached the flood insurance contract by not adjusting the loss at $31,000. Further, the Smietankas claim that the breach was negligent because FEMA delayed an unreasonably long time before reaching a final determination.

On June 18, 1993, FEMA filed a Motion of Summary Judgment claiming that as a matter of law it properly adjusted the loss at $12,150.00. The Smietankas did not file a response to the Motion for Summary Judgment.

DISCUSSION

Summary judgment is proper where “the pleadings, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c); Canderm Pharmacal Ltd. v. Elder Pharmaceuticals, Inc., 862 F.2d 597, 601 (6th Cir.1988). In evaluating a motion for summary judgment, the' court must determine “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” Anderson v. Liberty Lobby, Inc., 477 242, 251-52, 106 S.Ct. 2505, 2512, 91 L.Ed.2d 202 (1986). While inferences drawn from the underlying facts must be viewed in the light most favorable to the party opposing the motion, “[w]hen the moving .party has carried its burden under Rule 56(c), its opponents must do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). Only factual disputes which may have an effect on the outcome of a lawsuit under the applicable substantive law are “material.” Anderson, 477 U.S. at 248, 106 S.Ct. at 2510.

The issue presented in this case is whether the amount of loss incurred by demolishing or relocating a home is calculated based upon the condition of the structure when the claim is filed or may be determined at some date after the claim is filed, thus not compensating for losses which occur after the claim is filed but before a final valuation.

The Upton-Jones Amendment is silent as to the date on which the house should be valued. The Upton-Jones Amendment states:

(3) For purposes of paying flood insurance pursuant to this subsection, the value of a structure shall be whichever of the following is lowest:
(A) The fair market value of a comparable structure that is not subject to imminent collapse or subsidence.
(B) The price paid for the structure and any improvement to the structure, as adjusted for inflation in accordance with an index determined by the Director to be appropriate.
(C) The value of the structure under the flood insurance contract issued pursuant to this title.

42 U.S.C. § 4013(c)(3).

However, the regulations promulgated under the National Flood Insurance Program make clear that the program was designed to compensate policyholders only for damage which is directly attributed to flood. The regulations state:

Insurance under the Program is available only for loss due to flood, as defined in ■§ 59.1 of this subchapter. The policy cov[1016]*1016ers damage from a general condition of .flooding in the area which results from other than natural causes, such as the break of a dam, but does not cover-damage which results from causes on the insured’s own property or within his control or from any condition which causes damage, which condition is substantially confined to the insured’s premises or properties immediately adjacent thereto.

61 C.F.R. § 61.4(b).

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Related

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Nida v. Federal Emergency Management Agency
817 F. Supp. 597 (E.D. North Carolina, 1992)

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Bluebook (online)
830 F. Supp. 1014, 1993 U.S. Dist. LEXIS 13393, 1993 WL 376060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smietanka-v-director-federal-emergency-management-agency-miwd-1993.