Opinion
CIVIL ACTION NO. G-10-359
06-26-2013
HOLLY COOPER-ROELL v. FIDELITY NATIONAL PROPERTY AND CASUALTY INSURANCE COMPANY
OPINION AND ORDER
Before the Court is the Motion of Plaintiff, Holly Cooper-Roell, to set aside the Final Judgment entered in this cause on March 29, 2013, in favor of Defendant, Fidelity National Property and Casualty Insurance Company (Fidelity); the request must be denied.
On March 29, 2013, this Court issued an Opinion and Order dismissing the Complaint of Plaintiff because she never submitted a Proof of Loss for the further benefits she sought under her Standard Flood Insurance Policy (SFIP). That same day, the Court entered Final Judgment in favor of Fidelity. In the instant Motion, Plaintiff asserts that after Hurricane Ike she sought social security disability benefits; that her attorney failed to conduct adequate discovery; that Fidelity has been accused of fraud by issuing SFIPs for uninsurable properties; that Fidelity's expert witness is a "liar/fraudulent expert"; and that she never received a copy of her policy. Even if all of Plaintiff's allegations were true, the fact fatal to her complaint remains unassailable: she failed to submit the legally required Proof of Loss for additional benefits under the policy. Marseilles Homeowners Condominiums v. Fidelity National Insurance Co., 542 F.3d 1053, 1056 (5th Cir. 2008) Consequently, reinstatement of her complaint would be futile.
It is, therefore, ORDERED that the "Pro Se Request for Court to Set Aside Order Dated March 29, 2013 and Reinstate Claim and Case in Full" (Instrument no. 53) of Plaintiff, Holly Cooper-Roell, is DENIED.
DONE at Galveston, Texas, this 26th day of June, 2013.
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John R. Froeschner
United States Magistrate Judge