United States Second Circuit

In a challenge to an insurance company's denial of coverage under the terms of a policy provided under the National Flood Insurance Program, the district court's grant of summary judgment to the insurer is affirmed, where: 1) the plaintiff admittedly did not file a proper proof of loss as required by the policy; and 2) as a matter of law, the insurer did not repudiate the policy, and therefore compliance with the proof-of-loss requirement was not excused.

Appellate Information

• Decided 03/06/2012
• Published 03/06/2012

Judges

• Gerard E. Lynch

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Thomas R. Fallati, Gerald J. Nielsen