Dickson, et al. v. American Bankers Ins. Co., No. 13-1863 (8th Cir. 2014)
Annotate this CasePlaintiff filed suit against their insurer, American Bankers, after American Bankers denied plaintiffs' claim to recover for property damage under their Standard Flood Insurance Policy. Although plaintiffs filed a proof of loss for their undisputed claims, including the damage to their residence, they never filed a proof of loss for their disputed debris removal claim. The court concluded that plaintiffs' failure to file a proof of loss for their debris removal costs was a complete bar to recovery under the policy. Accordingly, the court reversed the district court's grant of summary judgment in favor of plaintiffs and remanded for entry of judgment in favor of American Bankers.
Court Description: Civil case - Insurance. The district court erred in granting plaintiffs' motion for summary judgment for debris removal costs incurred after the 2011 Bismarck, North Dakota flooding as the plaintiffs' failure to file a proof of loss for the costs barred recovery under the provisions of the policy.
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