2nd Proof of Loss Required For Recovery of Additional Sums on Preexisting SFIP Claims, 5th Cir. Rules

NEW ORLEANS — A second proof of loss is required where policyholders seek to recover an additional amount on a preexisting hurricane-related damage claim under a Standard Flood Insurance Policy, a federal appeals court has ruled.

In deciding an issue of first impression, the 5th Circuit U.S. Court of Appeals on Aug. 8 found because the policyholders’ additional claim was neither signed nor sworn-to, it cannot serve as a proof of loss under the plain terms of the SFIP. Mere notice — in the form of the handwritten note "Will send supplement later" does not satisfy the SFIP's regulatory proof-of-loss …