Filing Suit Two Days Late Defeats Suit
Post number 5316
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Pay Careful Consideration to Limitation Period in NFPA policy
In Luis Medina et al v. Wright National Flood Insurance Company, No. 8:25-cv-02628-SDM-AEP, United States District Court, M.D. Florida, Tampa Division (March 23, 2026) the USDC resolved a Flood insurance claims suit.
FACTS
Luis Medina and Luz Segura filed suit against Wright National Flood Insurance Company, alleging breach of contract stemming from flood damage to their home sustained on August 5, 2024. The property was covered under a Standard Flood Insurance Policy issued by Wright, which participates in the National Flood Insurance Program (NFIP).
Wright sent the plaintiffs a partial denial of coverage via email on September 24, 2024, after an initial attempt to notify them failed. The plaintiffs initiated their lawsuit on September 26, 2025.
LAW
Claims under an NFIP policy are governed by a strict limitations period: suit must be filed within one year of the date the notice of disallowance or partial disallowance is mailed to the insured. This requirement is set forth in 42 U.S.C. § 4072 and 44 C.F.R. pt. 61, app. A(1), art. VII(O) (2022).
LEGAL ISSUES
The central legal issue WAs whether the plaintiffs’ claim was timely filed in accordance with the statutory one-year limitations period for NFIP policies. The defendant, Wright National Flood Insurance Company, moved to dismiss the action on the grounds that it was time-barred.
DISCUSSION AND ANALYSIS
The court noted that the plaintiffs received notice of partial disallowance on September 24, 2024. Their lawsuit was filed on September 26, 2025, more than one year after the notice was sent.
Because the limitations period is calculated from the date of mailing the notice, the claim was untimely.
The plaintiffs did not respond to Wright’s motion to dismiss. Accordingly, the court granted the motion to dismiss and ordered the case closed pursuant to 42 U.S.C. § 4072; 44 C.F.R. pt. 61, app. A(1), art. VII(O) (2022).
Accordingly, the motion to dismiss was GRANTED, and the action was
DISMISSED.
ZALMA OPINION
The National Flood Insurance Program is not treated like insurance issued by private insurers. It is a creature of statute that can only be resolved in a federal court and whose conditions must be interpreted with a requirement for strict compliance with the terms of the flood insurance contract. The suit was filed a few days later than one year from the partial denial and that was sufficient to dismiss the suit.
(c) 2026 Barry Zalma & ClaimSchool, Inc.
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RCV Available Only Repair is Completed Within Two Years of Loss
Post number 5315
See the full video at https://lnkd.in/gAmbrZiS and at https://lnkd.in/gABvEmJc, and at https://zalma.com/blog plus more than 5300 posts.
He Who Fails to Read Policy Must Still Fulfill its Conditions
It is Best for Insured to Read Policy Before Filing Suit
Posted on April 2, 2026 by Barry Zalma
RCV Available Only Repair is Completed Within Two Years of Loss
Post number 5315
See the full video at and at
He Who Fails to Read Policy Must Still Fulfill its Conditions
In Schoening Investment LP v. Cincinnati Casualty Company, No. 25-3273, United States Court of Appeals, Sixth Circuit (March 25, 2026) Schoening Investment LP, a Florida-based limited partnership focused on commercial real estate, insured its Kentucky properties with Cincinnati Casualty Company. In March 2022, one of Schoening’s Kentucky properties suffered ...
Material Fact Not Proved Defeats Summary Judgment
Post number 5314
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In Peleus Insurance Company, on its own behalf and on behalf of Bais Yaakov Dkal Adas Yereim and BT General Builders, Inc. v. United Specialty Insurance Company, No. 24 Civ. 1398 (KPF), United States District Court, S.D. New York (March 23, 2026) Peleus Insurance Company (“Peleus”), on behalf of itself and insureds Bais Yaakov Dkal Adas Yereim (“Bais”) and BT General Builders, Inc. (“BT”), initiated an action against United Specialty Insurance Company (“USIC”) in the United States District Court for the Southern District of New York. Peleus sought declaratory judgment regarding USIC’s obligations to defend and indemnify its insureds in connection with an underlying personal injury lawsuit pending in the Supreme Court of the State of New York, Kings County. Both parties cross-moved for summary ...
ABSOLUTE IMMUNITY FOR COMPLAINTS TO DMV
Complaints Filed By The Defendants With The Department Of Motor Vehicles Were Entitled To Absolute Immunity
Post number 5312
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In Modzelewski’s Towing & Storage, Inc., et al. v. Government Employees Insurance Company et al., No. AC 47933, Court of Appeals of Connecticut (March 24, 2026) Modzelewski’s Towing & Storage, Inc., Chris’ Auto Clinic, LLC, MyHoopty.com, LLC, and Farmington Auto Park, LLC, initiated an action seeking damages for tortious interference with business expectancies and other relief. The dispute arose after complaints were filed against them by Government Employees Insurance Company (GEICO) and individual defendants John P. Vaz and Patrick Capri with the Connecticut Department of Motor Vehicles. The plaintiffs alleged that these complaints interfered with their business relationships.
LEGAL ISSUES
The central legal issue ...
ZIFL – Volume 30, Issue 7 – April 1, 2026
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
Post number 5314
Posted on April 1, 2026 by Barry Zalma
Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ This issue contains the following articles about insurance fraud:
No One is Above the Law – Not Even a Police Officer
Police Officer Convicted for Fraud in Reporting an Accident Affirmed
Police Officer Should never Lie about Results of Chase
In State Of Ohio v. Anthony Holmes, No. 115123, 2026-Ohio-736, Court of Appeals of Ohio, Eighth District, Cuyahoga (March 5, 2026) a police officer appealed criminal conviction as a result of lies about a high speed chase.
Read the following article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2026/03/ZIFL-04-01-2026-1.pdf...
ZIFL – Volume 30, Issue 7 – April 1, 2026
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
Post number 5314
Posted on April 1, 2026 by Barry Zalma
Zalma’s Insurance Fraud Letter (ZIFL) continues its 30th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/ This issue contains the following articles about insurance fraud:
No One is Above the Law – Not Even a Police Officer
Police Officer Convicted for Fraud in Reporting an Accident Affirmed
Police Officer Should never Lie about Results of Chase
In State Of Ohio v. Anthony Holmes, No. 115123, 2026-Ohio-736, Court of Appeals of Ohio, Eighth District, Cuyahoga (March 5, 2026) a police officer appealed criminal conviction as a result of lies about a high speed chase.
Read the following article and the full issue of ZIFL at https://zalma.com/blog/wp-content/uploads/2026/03/ZIFL-04-01-2026-1.pdf...
Posted on March 30, 2026 by Barry Zalma
Insurance Fraud, a Way to Reduce Violent Crime
Post number 5313
A Fictionalized True Crime Story of Insurance Fraud from an Expert who explains why Insurance Fraud is a “Heads I Win, Tails You Lose” situation for Insurers. The story helps to Understand How Insurance Fraud in America is Costing Everyone who Buys Insurance Thousands of Dollars Every year and Why Insurance Fraud is Safer and More Profitable for the Perpetrators than any Other Crime.
She Taught Her Customers The Swoop And Squat:
Recently the California Insurance Department’s Fraud Division arrested a young woman in Los Angeles County for operating an insurance fraud school. She advertised her classes in the “Penny Saver” an advertising sheet distributed free to the public and a print version of Facebook, X Craig’s list. She had operated for several years teaching methods of committing automobile insurance fraud. Only after a police officer enrolled in one of her classes was she arrested.
Her defense ...
