United States District Court, W.D. Louisiana, Monroe Division
A. DOUGHTY JUDGE
A. DOUGHTY UNITED STATES DISTRICT JUDGE
a claim by Plaintiff LCP West Monroe, LLC (“LCP”)
against the United States of America through the Federal
Emergency Management Act (“FEMA”) for additional
damages as a result of flooding. Pending before the Court is
a Motion for Summary Judgment [Doc. No. 63] filed by FEMA.
LCP opposes the motion.
following reasons, FEMA's Motion for Summary Judgment is
FACTS AND PROCEDURAL HISTORY
administrator of 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, three 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, three of the buildings (L, J and H) were insured
under FEMA-issued NFIP Standard Flood Insurance Policies -
General Property Forms. FEMA issued LCP a SFIP on Building L
under policy number 4000617572 (“Building L
SFIP”). FEMA issued LCP a SFIP on Building J under
policy number 4000617586 (“Building J SFIP”).
FEMA issued LCP a SFIP on Building H under policy number
4000617603 (“Building H SFIP”).
the March 9, 2016 flood, claims were submitted to FEMA under
Buildings L, J, and H SFIPs. Upon receipt of the notices of
loss, FEMA 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.
15, 2016, LCP's representative executed sworn Proofs of
Loss claiming net amounts of $245, 967.70 under Building H
SFIP; $299, 261.19 under Building J SFIP; and $245, 941.93
under Building L 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. 63, 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.
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
waiver of the Proof of Loss deadline from FEMA.
29, 2016, FEMA issued payments to LCP for Building H in the
amount of $240, 152.22 and for Building J in the amount of
$290, 854.16. On or around October 10, 2016, FEMA issued a
payment on the proof of loss for Building L in the amount of
$245, 555.96. These payments reflect adjustments to the
Proofs of Loss by FEMA based on items it determined at the
time to be either non-compensable or items that should have
been repaired, not replaced.
contends that it could not perform substantial work on the
buildings until after it received the payments from FEMA,
which occurred after the proof of loss deadline.
presented FEMA with additional Proofs of Loss executed on
December 19, 2016, and mailed on December 23 2016, more than
six months after the deadline. FEMA has not paid these
7, 2018, counsel for LCP sent a request to FEMA to waive the
proof of loss ...