Ferraro v. Liberty Mutual Ins. Co., No. 14-30944 (5th Cir. 2015)
Annotate this CasePlaintiffs filed suit against Liberty Mutual, seeking to recover flood-insurance proceeds after their house was damaged by Hurricane Isaac. Plaintiffs submitted an original signed, sworn proof of loss with the handwritten note “Will send supplement later," and later sought payment from Liberty Mutual for the supplemental amount without providing a second proof of loss.The district court granted summary judgment for Liberty Mutual. Consistent with the First and Eighth Circuits, the court held that a second proof of loss was necessary for plaintiffs to perfect their claim. Therefore, the court concluded that the district court properly granted summary judgment for Liberty Mutual. Because plaintiffs have made no argument that the evidence was indeed “newly discovered” for purposes of Rule 59(e), the court found no abuse of discretion in the district court’s denial of plaintiffs' motion for reconsideration.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.