Opinion
CIVIL ACTION NO. 13-5674
06-05-2014
GILBERT AND APRIL DIAZ LUKE v. ALLSTATE INSURANCE COMPANY
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"). 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.
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.
New Orleans, Louisiana, this 5th day of June 2014.
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KURT D. ENGELHARDT
United States District Judge