The court granted summary judgment to the insurer because the insureds submitted only documentation of damage by flood, not proof of loss forms required by the policy. Alexander v. Allstate Ins. Co., 2014 U.S. Dist. LEXIS 143284 (E.D. La. Oct. 8, 2014).
Hurricane Isaac caused flood damaged to the insureds' home. A claim was filed for flood damage under their Standard Flood Insurance Policy issued by Allstate. An independent adjuster estimated that building repairs would be $50,025. Allstate also prepared a contents loss estimate of $22,655 based on a personal property list submitted by the insureds. Proof of loss forms for these amounts were sent to the insureds and returned to Allstate. Consequently, these claims were paid.
The insureds submitted a new proof of loss for additional lost contents, and another payment was made. Additional building damages were found. Again, the proof of loss was resubmitted and an additional payment was made by Allstate.
The insureds then submitted a flood damage estimate from their adjuster. No separate proof of loss was submitted to support additional amounts requested from Allstate.
When Allstate refused to make additional payments because a new proof of loss was not timely filed, the insureds sued. The court noted that strict compliance with flood insurance was required. This included requiring the insured to provide a signed and sworn proof of loss within 60 days after the loss.
Here, the insureds did not submit a signed and sworn proof of loss in support of the additional sums. They contended that the signed and sworn proof of loss forms they previously provided and under which Allstate made payment, combined with the additional documentation on flood damage, gave Allstate sufficient information to evaluate their claim.
The court rejected this argument. The Fifth Circuit's precedent mandated strict adherence to all of the Standard Flood Insurance Program's requirements as a precondition to filing suit. Because the insureds had not met the requirements, Allstate was entitled to summary judgment.