Insurer Not Estopped from Asserting Proof of Loss Argument in Hurricane Flood Case, N.Y. Judge Rules

NEW YORK — Plaintiffs who failed to file a timely proof of loss as part of a supplemental flood claim for Hurricane Irene-related damage have had their coverage case thrown out by a federal judge in New York.

In a Jan. 29 ruling, Judge Arthur D. Spatt of the U.S. District Court for the Eastern District of New York dismissed the case after determining there was no evidence that FEMA, despite twice extending the deadline for filing timely proofs of loss post-Irene, waived any other provision with respect to the plaintiffs’ claim. Judge Spatt also rejected an argument that the …