Filing Suit Two Days Late Defeats Suit
Post number 5316
Read the full article at https://lnkd.in/gSWK5nbF, see the full video at https://lnkd.in/geKteE8f and at https://lnkd.in/gQNVMpNy, and at https://zalma.com/blog plus more than 5300 posts.
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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Denial of Flood Claim Starts the Limitation Period Running
Post number 5324
See the video at https://rumble.com/v78t566-nfpa-strictly-enforces-conditions.html and at https://youtu.be/UyUPPtbZWOk, and at https://zalma.com/blog plus more than 5300 posts.
Unlike Insurance Companies the NFPA is Enforced Strictly
Unlike Insurance Companies the NFPA is Enforced Strictly
In ZOZO Investments LLC, Bertie & Neeka LLC, Foreign Limited Liability Companies v. First Community Insurance Company, a Florida Corporation, No. 25-12492, United States Court of Appeals, Eleventh Circuit (April 15, 2026) Zozo Investments LLC and Bertie & Neeka LLC (“Zozo”) owned property in Fort Myers Beach, Florida, insured under the National Flood Insurance Program (NFIP) through First Community Insurance Company (“First Community”) and appealed the dismissal of their suit when their claim was denied..
FACTS
After the property suffered flood damage from Hurricane Ian, Zozo filed a claim. First Community initially paid the claim but later ...
Captive Insurers are an Acceptable Means to Avoid Tax
Post number 5328
See the video at https://rumble.com/v78rr9k-win-some-lose-some-when-you-sue-the-irs.html and at https://youtu.be/1FrfujEOEuI, and at https://zalma.com/blog plus more than 5300 posts.
In Drake Plastics Ltd. Co., et al. v. Internal Revenue Service, et al., Civil Action No. H-25-2570, United States District Court, S.D. Texas, Houston Division (April 15, 2026) Plaintiffs (Drake Plastics Ltd. Co.; Drake Insurance Co., a captive insurer; and Strategic Risk Alternatives, LLC, a micro-captive manager/advisor) challenged Treasury/IRS’s January 14, 2025 final rule imposing disclosure requirements for certain micro-captive transactions. The Final Rule created two disclosure categories with different criteria and penalty consequences:
1. micro-captive “transactions of interest” (26 C.F.R. § 1.6011-11) and
2. “listed” micro-captive transactions (26 C.F.R. § 1.6011-10).
The plaintiffs moved for vacatur of the Final Rule; a declaratory judgment; a permanent ...
A Legal Assistant is not a Lawyer
Post number 5323
Posted on April 21, 2026 by Barry Zalma
See the video at
Law Student Taking Depositions and Argued Motions in Court Resulted in Discipline
In Frederick Mitchell v. Dawn Wigeri Van Edema et al., C102026, California Court of Appeals, Third District, Yolo (April 13, 2026) Thomas Rutaganira initiated an unlawful detainer action against Krista Mitchell. Frederick Mitchell, Krista’s father, served as a legal assistant and claimed participation in the State Bar of California law office study program, which allows individuals to qualify for the bar exam without formal law school attendance.
FACTUAL BACKGROUND
Frederick took depositions and argued motions in a related bankruptcy action, which led Keith and Dawn to file State Bar complaints, alleging Frederick’s unauthorized practice of law and Ernest’s alleged aiding of Frederick. The State Bar issued a cease and desist notice to Frederick, clarifying he was not a participant in...
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 ...
