United States Fifth Circuit

In a suit in which an insured sought damages resulting from flooding caused by Hurricane Katrina, summary judgment for defendant-insurer is affirmed where: 1) plaintiff failed to file a sworn proof of loss as required by FEMA regulations governing Standard Flood Insurance Policies; 2) a FEMA memo issued after Katrina extending claim deadlines did not render permissive the requirement to file a proof of loss prior to filing suit; and 3) denial of a motion to alter or amend on the basis of new evidence that defendant had sought waivers of the proof-of-loss requirement in previous cases was proper where the argument could have been raised prior to the summary judgment ruling.

Appellate Information

• Decided 09/10/2008
• Published 09/11/2008

Judges

• PER CURIAM:, Before BARKSDALE, BENAVIDES and DENNIS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James M. Garner, Peter L. Hilbert, Jr., Kevin Michael McGlone, Sher, Garner, Cahill, Richter, Kelin & Hilbert, Stephen P. Schott, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, LA, for Plaintiff-Appellant.


• For Appellees:
  
• Gerald Joseph Nielsen, William Ross DeJean, Nielsen Law Firm, Metairie, LA, for Defendant-Appellee.