McCarty v. Southern Farm Bureau Casualty Ins. Co., No. 13-2490 (8th Cir. 2014)
Annotate this CaseAfter the denial of his flood insurance claim, plaintiff filed suit against Farm Bureau alleging a state bad faith claim and federal breach of contract. The court held that the district court committed reversible legal error by excusing plaintiff from complying with the standard flood insurance policy's (SFIP) proof of loss requirement. Even if Farm Bureau wished to waive the proof of loss, FEMA has not authorized waiver in this case. Accordingly, the court reversed and remanded for entry of judgment in favor of Farm Bureau.
Court Description: Civil case - Federal Flood Insurance. The district court erred in excusing plaintiff from complying with the Standard Flood Insurance Program's proof of loss requirement; even if the defendant, the government's fiscal agent, wished to waive the requirement, it could not do so without an express written waiver from FEMA.
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