Luke et al v. Allstate Insurance Company, No. 2:2013cv05674 - Document 31 (E.D. La. 2014)
Court Description: ORDER and REASONS - ORDERED that Defendant's motion for summary judgment (Rec. Doc. 19) is GRANTED, and Plaintiffs' claims against Defendant are DISMISSED, as stated within document. Signed by Judge Kurt D. Engelhardt on 6/5/2014. (cbs)
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Luke et al v. Allstate Insurance Company Doc. 31 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA GILBERT AND APRIL DIAZ LUKE CIVIL ACTION VERSUS NO. 13-5674 ALLSTATE INSURANCE COMPANY SECTION "N" (1) ORDER AND REASONS Presently before the Court is a motion for summary judgment (Rec. Doc. 19) filed by Defendant Allstate Insurance Company. With its motion, Defendant seeks dismissal of Plaintiffs’ claims because of Plaintiffs’ alleged failure to submit a sworn proof of loss as required by Article VII(J)(4) of the Allstate Standard Flood Insurance Policy (“SFIP”).1 Having carefully considered the parties’ submissions and applicable law, the Court finds Defendant’s motion meritorious for essentially the reasons set forth in this Court’s recent Order and Reasons in Bechtel v. Lighthouse Property Insurance Company, Civil Action No. 13-5289, 2014 WL 1389631(E.D. La. April 1, 2014) (Engelhardt, J.). As stated therein, “[w]hile the Court acknowledges that the strictness of the SFIP requirements can produce harsh, even ‘draconian’ results . . ., mitigating such stringency is outside the power of this Court.” Bechtel, 2014 WL 1389631, *3 (quoting Verret v. La. Farm Bureau Mut'l Insurance Company, Civil Action No. 09-2710, 2010 WL 3883369, *4 (W.D. La. Nov. 9, 2010) (Minaldi, J.)). Accordingly, IT IS ORDERED that Defendant's motion for summary judgment (Rec. Doc. 19) is GRANTED, and Plaintiffs' claims against Defendant are DISMISSED. New Orleans, Louisiana, this 5th day of June 2014. ____________________________________ KURT D. ENGELHARDT United States District Judge 1 Defendant Allstate issued a flood insurance policy to Plaintiffs in its capacity as a Write-Your-Own Program insurance carrier participating in the federal government’s National Flood Insurance Program pursuant to the National Flood Insurance Act of 1968, 42 U.S.C. § 4001, et seq. Dockets.Justia.com
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