STORY FROM: Superstorm Sandy Insurance Litigation

Failure to Submit Proof of Loss for Damaged Contents Prevents Coverage Under SFIP Policy, 5th Cir. Rules

NEW ORLEANS — A policyholder’s failure to submit an additional proof of loss for contents damaged during Hurricane Isaac cannot recover under his standard flood insurance policy, the 5th Circuit U.S. Court of Appeals has ruled.

In a Jan. 15 opinion, the 5th Circuit U.S. Court of Appeals explained that the insured was required to submit an additional proof of loss to recover an additional amount on a preexisting claim under his SFIP.

In August 2012, Hurricane Isaac caused damage to Elvin Cummings’s home in LaPlace, La. Cummings submitted a flood loss claim to Fidelity National Indemnity Insurance Co., ...

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