May 28, 2024
ShareKelley Kronenberg Achieves Decisive Victory in Louisiana NFIP Case
Kelley Kronenberg is proud to announce a significant legal victory in a recent case involving the National Flood Insurance Program (NFIP). Partners William DeJean and Jordan Lande from our First-Party Property Division represented American Bankers Insurance Company of Florida and Assurant, Inc., successfully prevailing on a Motion for Summary Judgment.
The case, filed in the United States District Court for the Eastern District of Louisiana, was presided over by United States District Judge Jane Triche Milazzo. The Plaintiff sought benefits under a Standard Flood Insurance Policy (SFIP) provided through the NFIP after experiencing damages from Hurricane Ida. Plaintiff alleged that our clients, who serve as “Write Your Own” (WYO) carriers for the NFIP, wrongfully withheld payment by improperly adjusting and undervaluing the damage claims.
Central to our defense was the argument that Plaintiff’s claim was time-barred under Federal Law and NFIP regulations. Pursuant to 42 U.S.C. § 4072 and 44 C.F.R. Part 61, Appendix A(1), Article VII(R), any action against a WYO carrier must be initiated within one year from the date of the written denial of the claim. Plaintiff’s partial denial was issued on October 20, 2021; however, the lawsuit was not filed until August 28, 2023, well beyond the one-year deadline.
Our team argued vigorously that Plaintiff failed to meet the mandatory filing deadline, thus barring her claims. After thorough consideration, Judge Milazzo granted our Motion for Summary Judgment, concluding that Plaintiff’s suit was indeed time-barred.
The successful outcome in this case highlights Kelley Kronenberg’s expertise in handling complex flood and NFIP claims. We extend our congratulations to William DeJean and Jordan Lande for their exemplary work on this case and for securing this decisive win for our valued client.
Learn more about our NFIP Division here: https://www.kelleykronenberg.com/our-practices/first-party-insurance-defense-coverage-bad-faith/national-flood-insurance-program-litigation/
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