FEMA Did Not Waive Right to Challenge Untimely Proof of Loss, Texas Judge Rules

GALVESTON, Texas — The Federal Emergency Management Agency did not waive its right to challenge the unpaid portion of untimely proof of loss because the agency’s waiver was clearly limited to the sum paid to the policyholder, a Texas federal magistrate judge has ruled.

In a Jan. 7 order, Magistrate Judge John R. Froeschner of the U.S. District Court for the Southern District of Texas further held that FEMA’s continued evaluation of the untimely claim does not constitute waiver.

Jason Fennelly’s property was damaged by Hurricane Ike in September 2008. He submitted two timely proofs of loss to Texas Farmers …