Greenwich Ins. C. v. MS Windstorm Underwriting, No. 15-60405 (5th Cir. 2015)
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Greenwich filed suit after paying an assessment imposed by MWUA. The court held that the FCIC did not intend to preclude MWUA from imposing and enforcing its true-up deadline. The court concluded that the true-up deadline did not directly or indirectly affect MPCI because the deadline did not trigger an assessment improperly based on MPCI premiums. Even Greenwich’s failure to abide by the deadline did not trigger the improper assessment. Rather, Greenwich’s independent actions - specifically, its repeated affirmative statements that the 2003 premium data was correct - triggered the assessment. Thus, “in reality,” Greenwich’s complaint “is directed at the actions of private parties, not the operation of” MWUA deadlines. Because the fault lies not with any law or rule but rather with the acts of a private third party, the court cannot say that the true-up deadline affects MPCI. The court further concluded that the source of Greenwich's trouble is not the acts of just any private parties; Greenwich’s own acts are to blame. And, the actions themselves are not just any actions; they are acts of
unjustifiable incompetence.
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