April 9, 2025
ShareKelley Kronenberg Secures Federal Court Victory in $1.3M Flood Claim
Kelley Kronenberg Partner and Business Unit Leader Jordan Lande and Partner William DeJean secured a complete victory for Hartford Insurance Company of the Midwest in the United States District Court for the Middle District of Florida, winning summary judgment in a flood insurance case with exposure exceeding $1.3 million dollars.
The case arose from a Hurricane Nicole flood loss claim for two commercial buildings in Melbourne Beach, Florida. Following its investigation, Hartford determined the covered damages fell below the policy deductible and denied payment. The plaintiffs disagreed with this determination and filed suit, seeking damages in excess of $1.3 million.
Jordan and William built their defense on a critical compliance issue: the Standard Flood Insurance Policy (SFIP) requires policyholders to submit a signed and sworn proof of loss within 60 days of the loss date, absent a waiver from the Federal Insurance Administrator. In this case with this hurricane, no waiver was issued. The plaintiffs failed to meet this deadline, submitting their proof of loss 153 days after Hurricane Nicole—well beyond the required timeframe with no waiver granted.
In granting summary judgment, U.S. District Judge Anne C. Conway confirmed the Eleventh Circuit’s strict interpretation of SFIP requirements, noting that failure to satisfy this condition precedent “eliminates the possibility of recovery” and that courts should not read federal insurance contracts with “charitable laxity.” The Court’s ruling reinforced the principle that strict compliance with SFIP provisions is mandatory because payments come directly from the federal treasury.
This significant victory not only protected Hartford from substantial exposure but also safeguarded federal taxpayer funds, demonstrating our firm’s expertise in navigating the specialized world of NFIP litigation.
To read the Court’s Order, click here.
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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