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United States First Circuit


DeCosta v. Allstate Insurance Company, 13-1176

Judgment for plaintiff-insured on his claim pursuant to a Standard Flood Insurance Policy (SFIP) issued by defendant-insurer pursuant to the government's National Flood Insurance Program, is reversed and remanded, where: 1) plaintiff cannot recover under the SFIP because of his failure to comply with its proof-of-loss requirements as to the sums sued on; and 2) mere payment of claims properly submitted in a proof of loss does not waive objections to further sums not submitted as required by the SFIP's proof-of-loss provision.

Appellate Information

  • Decided 09/20/2013
  • Published 09/20/2013

Judges

  • LYNCH

Court

  • United States First Circuit

Counsel

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