United States District Court, W.D. Louisiana, Monroe Division
L. HAYES JUDGE.
A. DOUGHTY UNITED STATES DISTRICT JUDGE.
case involves an insurance dispute between Plaintiff LCP West
Monroe, LLC (“LCP”) and Defendant Selective
Insurance Company of Southeast (“Selective”).
Pending before the Court is a Motion for Summary Judgment
[Doc. No. 43] filed by Selective. LCP opposes the motion.
following reasons, Selective's Motion for Summary
Judgment is GRANTED.
FACTS AND PROCEDURAL HISTORY
is a Write-Your-Own (“WYO”) Program carrier
participating in the United States Government's National
Flood Insurance Program (“NFIP”), pursuant to the
National Flood Insurance Act of 1968 (“NFIA”), as
the owner of the Shadow Glen Apartments, located at 1001
Glenwood Drive, West Monroe, Louisiana (the
“Property”). The Property consists of seventeen
buildings, two of which are insured by Selective.
March 9, 2016, the West Monroe area experienced flooding.
Eleven buildings located on the Property sustained some flood
damage (“the Flood Loss”). At the time of the
Flood Loss, two of the buildings (I and K) were insured under
Selective-issued NFIP Standard Flood Insurance Policies -
General Property Forms. Selective issued LCP a Standard Flood
Insurance Policy on Building I under policy number FLD1415289
(“Building I SFIP”). Selective issued LCP a
Standard Flood Insurance Policy on Building K under policy
number FLD14155288 (“Building K
the March 9, 2016 flood, claims were submitted to Selective
under Buildings I and K SFIPs. Upon receipt of the notices of
loss, Selective began the process of adjusting the claims.
assigned an independent adjuster to the claims. Working with
LCP, the adjuster determined that LCP was entitled to
payments for flood-related damages under Coverage A. On May
16, 2016, Selective issued advance payments of $50, 000 under
Building I SFIP and $50, 000 under Building K SFIP.
of loss must normally be submitted within 60 days, pursuant
to 44 C.F.R., Pt. 61, App. A(2), Art. VII(J)(4). FEMA may
authorize an extension to file claims outside the 60-day
period. For Louisiana flood claims commencing on March 9,
2016, FEMA authorized an additional 60 days, giving insureds
a total of 120 days after the date of loss to provide their
signed and sworn Proof of Loss in support of amounts sought.
In pertinent part, the extension provides:
. . . To ensure that NFIP policyholders have sufficient time
to finalize their claims, pursuant to Paragraph D of the
General Conditions section of the SFIPs and 44 C.F.R.
§61.13(d), I hereby authorize an additional 60-day
extension of the time period within which a policyholder must
submit the requisite signed and sworn-to proof of loss with
their NFIP insurer. With this extension, an NFIP policyholder
will have a total of 120 days after the date of loss to
provide the completed, signed, and sworn-to proof of loss to
the insurer. This limited waiver and extension shall apply to
all NFIP claims for the flood damage related to the Louisiana
and Mississippi flooding occurring March 7, 2016 through
March 19, 2016. This limited waiver and extension applies to
SFIPs issued directly by FEMA or by private insurance
companies participating in the NFIP's Write Your Own
Program. . . . By granting this limited waiver and extension
of the time period to send a proof of loss, FEMA does not
hereby waive any other provisions of the SFIP, and all other
terms and conditions of the SFIP remain in effect.
[Doc. No. 43, Exh. B, April 21, 2016 FEMA Extension Bulletin
W-16028]. Therefore, LCP had until July 7, 2016, to submit
sworn proofs of loss pursuant to the extended deadline.
27, 2016, based on the information available at the time,
LCP's representative executed sworn Proofs of Loss
claiming net amounts of $226, 678.68 under Building I SFIP
and $284, 069.70 under Building K SFIP. Thereafter, on June
1, 2016, Selective issued payments of $176, 678.68 under
Building I SFIP and $234, 069.70 under Building K SFIP. These
payments (combined with the prior advances) exhausted the net
amounts claimed pursuant to the LCP's timely submitted
May 27, 2016 Proofs of Loss.
denying a duty to do so, LCP did not submit any further sworn
proofs of loss by July 7, 2016, nor did it obtain any other