Forman v. Fed. Emergency Mgmt. Agency, 138 F.3d 543 (5th Cir. 1998). · Go Syfert
Forman v. Fed. Emergency Mgmt. Agency, 138 F.3d 543 (5th Cir. 1998). Cases Citing This Book View Copy Cite
“trict adherence is required to all terms of the sfip.”
63 citation events (61 in the last 25 years) across 15 distinct courts.
Strongest positive: Morgan Jr v. Texas Farmers Insurance Company (txsd, 2020-02-04)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 38 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Morgan Jr v. Texas Farmers Insurance Company
S.D. Tex. · 2020 · quote attribution · 1 verbatim quote · confidence high
trict adherence is required to all terms of the sfip.
cited Cited as authority (rule) Gardner v. State Farm Fire and Casualty Company
E.D. La. · 2025 · confidence medium
The SFIP requires that claimants submit a proof of loss within 60 days after the loss, “or within any extension authorized by FEMA.” Forman v. FEMA, 138 F.3d 543, 545 (5th Cir. 1998).
discussed Cited as authority (rule) Knight v. American Bankers Insurance Company of Florida
E.D. La. · 2024 · confidence medium
Agency, 138 F.3d 543, 545 (5th Cir. 1998)). 12 ECF No. 9-2 ¶ 1. 13 Cohen, 924 F.3d at 781 (finding that a letter from a private flood insurer denying coverage for the insured property amounted to an effective “denial of all or part of insured claim” and acted as the trigger for the one-year limitation period). 4 at 1.
cited Cited as authority (rule) Broussard v. Louisiana Farm Bureau Casualty Insurance Co
W.D. La. · 2022 · confidence medium
Agency, 138 F.3d 543, 545 (5th Cir. 1998)).
cited Cited as authority (rule) Stewart v. Louisiana Farm Bureau Mutual Insurance Co
W.D. La. · 2022 · confidence medium
Agency, 138 F.3d 543, 545 (5th Cir. 1998)).
cited Cited as authority (rule) Allen v. Wright National Flood Insurance Services, LLC
M.D. La. · 2022 · confidence medium
Agency, 138 F.3d 543, 545 [(5th Cir. 1998)] (quoting Office of Pers.
cited Cited as authority (rule) Hatcher v. Allstate Insurance Company
M.D. La. · 2022 · confidence medium
Agency, 138 F.3d 543, 545 [(5th Cir. 1998)] (quoting Office of Pers.
cited Cited as authority (rule) Loolara v. National Flood Insurance Program
M.D. La. · 2021 · confidence medium
Agency, 138 F.3d 543, 545 (5th Cir. 1998)). iii.
discussed Cited as authority (rule) Burkhalter v. Hartford Underwriters Insurance Company
M.D. La. · 2021 · confidence medium
Agency, 138 F.3d 543, 545 (5th Cir. 1998)).6 In relevant part, the SFIP provides: You may not sue us to recover money under this policy unless you have complied with all the requirements of the policy.
cited Cited as authority (rule) Nguyen v. Hartford Underwriters Insurance Company
M.D. La. · 2021 · confidence medium
Agency, 138 F.3d 543, 545 (quoting Office of Pers.
discussed Cited as authority (rule) Chatelain v. United States Department of Homeland Security
E.D. La. · 2019 · confidence medium
Agency, 138 F.3d 543, 545 (5th Cir. 1998)(citing 44 C.F.R. § 61.13 (a), (d), & (e)); see also Gowland, 143 F.3d at 954 (“[T]he provisions of an insurance policy issued pursuant to a federal program must be strictly construed and enforced.”).
cited Cited as authority (rule) Moran v. American Bankers Insurance Company of Florida
E.D. La. · 2019 · confidence medium
Agency, 138 F.3d 543, 545 (5th Cir. 1998) and Gowland, 143 F.3d at 954 .
cited Cited as authority (rule) Miller v. American Strategic Insurance Corp.
5th Cir. · 2016 · confidence medium
Forman v. FEMA, 138 F.3d 543, 546 (5th Cir. 1998). 13 .
cited Cited as authority (rule) Elvin Cummings v. Louisiana Ctzn Prop Ins Corp.
5th Cir. · 2016 · confidence medium
Agency, 138 F.3d 543, 545 (5th Cir. 1998)).
cited Cited as authority (rule) Cummings v. Fidelity National Indemnity Insurance
5th Cir. · 2016 · confidence medium
Agency, 138 F.3d 543, 545 (5th Cir.1998)).
cited Cited as authority (rule) Cardon Property No. 4, LLC v. Fidelity National Indemnity Insurance
E.D.N.Y · 2014 · confidence medium
Forman, 138 F.3d at 546; Richardson, 279 Fed.Appx. at 298 . .
discussed Cited as authority (rule) Roussell v. Allstate Insurance (2×)
E.D. La. · 2014 · confidence medium
Marseilles, 542 F.3d at 1053 ; Wright, 415 F.3d at 387-88 ; Gowland, 143 F.3d at 954 ; Forman, 138 F.3d at 545-46. .
cited Cited as authority (rule) Howell-Douglas v. Fidelity National Indemnity Insurance
E.D. La. · 2014 · confidence medium
Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir.1998); Forman v. FEMA 138 F.3d 543, 545 (5th Cir.1998).
cited Cited as authority (rule) Collins v. National Flood Insurance Program
5th Cir. · 2010 · confidence medium
Agency, 138 F.3d 543, 545 (5th Cir.1998). 7 .
discussed Cited as authority (rule) Bull v. Allstate Insurance Co. (2×)
W.D. La. · 2009 · confidence medium
Forman v. FEMA 138 F.3d 543, 545 (5th Cir.1998), Gowland , 143 F.3d at FN8, and Flick v. Liberty Mutual Fire Ins.
cited Cited as authority (rule) Monistere v. State Farm Fire & Casualty Co.
5th Cir. · 2009 · confidence medium
Agency, 138 F.3d 543, 545 (quoting Office of Pers.
discussed Cited as authority (rule) Kelly v. Hartford Fire Insurance (2×)
E.D. La. · 2009 · confidence medium
Agency, 138 F.3d 543, 545 (5th Cir.1998)).
cited Cited as authority (rule) MARSEILLES HOMEOWNERS CONDOMINIUM ASSOCIATION, INC. v. Fidelity Nat. Ins. Co.
5th Cir. · 2008 · confidence medium
“Under FEMA regulations, strict adherence is required to all terms of the SFIP.” Forman, 138 F.3d at 545 (5th Cir.1998) (citing 44 C.F.R. §§ 61.13 (a), (d), (e)) (foot *1058 note omitted).
cited Cited as authority (rule) Tucard, LLC v. Fidelity National Property & Casualty Insurance
D. Mass. · 2008 · confidence medium
As such, “strict adherence is required to all terms of the SFIP.” Forman v. FEMA 138 F.3d 543, 545 (5th Cir.1998).
cited Cited as authority (rule) TAF, LLC v. Hartford Fire Insurance
D. Colo. · 2008 · confidence medium
Forman v. FEMA, 138 F.3d 543, 545 (5th Cir.1998) (citations omitted).
cited Cited as authority (rule) Bruinsma v. State Farm Fire & Casualty Co.
W.D. Mich. · 2006 · confidence medium
See, e.g., Mancini 248 F.3d at 735 ; Gowland, 143 F.3d at 955 ; Forman v. FEMA 138 F.3d 543, 545-46 (5th Cir.1998).
discussed Cited as authority (rule) Wright v. Allstate Insurance (2×) also: Cited "see"
5th Cir. · 2005 · confidence medium
Agency, 138 F.3d 543, 545 (5th Cir.1998).
discussed Cited as authority (rule) Smith v. National Flood Insurance Program of the Federal Emergency Management Agency
E.D. Pa. · 2001 · confidence medium
See, e.g., Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir.1998) (finding plaintiff failed to file a timely proof of loss); Forman v. FEMA, 138 F.3d 543, 545 (5th Cir.1998) (finding plaintiffs’ failure to assign a value to claimed losses was grounds for dismissal); Wagner v. Director, Federal Emergency Management Agency, 847 F.2d 515 , 520-521 (9th Cir.1988) (finding plaintiffs who failed to file proofs of loss forms and plaintiffs who filed untimely proof of loss forms are barred from commencing any action based on those claims); Maloney v. FEMA, Civ.
discussed Cited as authority (rule) Burns v. Federal Emergency Management Agency
S.D. Tex. · 2000 · confidence medium
See id. at cl. 3; Gowland, 143 F.3d at 953 (“[W]e hold that an insured’s failure to provide a complete, sworn proof of loss statement, as required by the flood insurance policy, relieves the federal insurer’s obligation to pay what otherwise might be a valid claim.”); Forman v. FEMA, 138 F.3d 543, 545 (5th Cir.l998)(Proof of Loss form was inadequate where insured wrote “these figures are unacceptable” next to listed amounts and failed to provide acceptable alternate estimate of damages); Holeman v. Director, Federal Emergency Management Agency, 699 F.Supp. 98, 99 (N.D.Tex.1988)(no …
cited Cited as authority (rule) Brookville Mining Equipment Corp. v. Selective Insurance Co. of America
W.D. Pa. · 1999 · confidence medium
Agency, 138 F.3d 543, 545 (5th Cir.1998); Wagner v. Director, Fed.
discussed Cited "see" Sun Ray Village Owners Ass'n v. Old Dominion Insurance
N.D. Fla. · 2008 · signal: see · confidence high
See Forman v. FEMA, 138 F.3d 543, 545 (5th Cir.1998). 18 While the docu *1292 mentation of an insured’s detailed repair estimates most commonly takes the form of contractors’ repair estimates, the insured must use its own judgment when furnishing the detailed repair estimates. 19 See Article VII(J)(5).
examined Cited "see" Baltazor., Inc. v. Fidelity National Ins. Program (3×) also: Cited "see, e.g."
E.D. La. · 2008 · signal: see · confidence high
See footnote 5, infra. See also Forman, 138 F.3d 543 (5th Cir.l998)(because plaintiff’s Proof of Loss, was inadequate as it failed to provide any sworn information; no genuine issues of material fact). 23 .
discussed Cited "see" Eaker v. State Farm Fire & Casualty Insurance
S.D. Miss. · 2001 · signal: see · confidence high
See Forman v. FEMA 138 F.3d 543 (5th Cir.1998) (SFIP must be strictly construed and enforced); Howard v. FEMA 960 F.Supp. 1095 (S.D.Miss.1996); see also Wagner v. FEMA, 847 F.2d 515 (9th Cir.1988) (judgment reversed in favor of insurer); Nabhan v. FEMA, 1 F.Supp.2d 91, 96 (D.Mass.1998); Exim Mortgage Banking Corp. v. Witt, 16 F.Supp.2d 174 (D.Conn.1998); Diamond v. FEMA 689 F.Supp. 163 (E.D.N.Y.1988); Holeman v. FEMA 699 F.Supp. 98 (N.D.Tex.1988).
examined Cited "see" Jamal v. Travelers Lloyds of Texas Insurance (3×)
S.D. Tex. · 2001 · signal: accord · confidence high
Payments made pursuant to a SFIP are “ ‘a direct charge on the public treasury.’ ” Gowland v. Aetna, 143 F.3d 951, 955 (5th Cir.1998) (quoting In re Estate of Lee, 812 F.2d 253, 256 (5th Cir. 1987)); accord Forman v. FEMA, 138 F.3d 543, 545 (5th Cir.1998).
discussed Cited "see, e.g." Aguilar v. Texas Farmers Insurance Company
S.D. Tex. · 2022 · signal: see also · confidence medium
Co., 205 F.3d 386, 394 (9th Cir. 2000)); see also Marseilles, 542 F.3d at 1057 (“Under FEMA regulations, strict adherence is required to all terms of the SFIP.”) 25 Forman v. FEMA, 138 F.3d 543, 545 (5th Cir. 1998) (quoting OPM v. Richmond, 496 U.S. 414, 420 (1990)).
cited Cited "see, e.g." Hon v. Allstate Fire & Casualty Insurance Company
S.D. Tex. · 2020 · signal: see also · confidence medium
Gowland, 143 F.3d at 952 ; see also Forman, 138 F.3d at 543-44.
cited Cited "see, e.g." Howell v. State Farm Ins. Companies
D. Maryland · 2008 · signal: see, e.g. · confidence medium
See, e.g., Forman v. FEMA 138 F.3d 543, 545 (5th Cir.1998).
discussed Cited "see, e.g." Rojek v. Federal Emergency Management Agency
S.D. Iowa · 2002 · signal: see also · confidence medium
See Mancini, 248 F.3d 729 (8th Cir.2001); see also Forman v. FEMA, 138 F.3d 543, 545 (5th Cir.1998) (indicating the court had “serious reservations about whether ... the proof of loss was timely”, though ultimately finding the proof of loss, even if timely, was inadequate, and going on to find that equitable estoppel did not bar FEMA from asserting, as a defense, failure to meet the proof of loss requirement.); Wagner v. Director, FEMA, 847 F.2d 515 , 520 (9th Cir.1988) (dismissing the actions by those plaintiffs who failed to file a proof of loss within 60 days and finding equitable estop…
Retrieving the full opinion text from the archive…
Forman
v.
Federal Emergency Management Agency
97-30473.
Court of Appeals for the Fifth Circuit.
Mar 11, 1998.
138 F.3d 543
Jones, Smith, Stewart.
Unpublished
STEWART, Circuit Judge:

After their southern Louisiana home was damaged by severe floods in May of 1995, appellants Roland Forman and- Rosemary Forman pursued a claim for flood damages with the Federal Emergency Management Agency (“FEMA”) under their FEMA-writ-ten Standard Flood Insurance Policy (“SFIP”). When, their claim was denied for failure to file a Proof of Loss in a timely manner, appellants sued. The district court — faced with FEMA’s unopposed motion to dismiss or, in the alternative, motion for summary judgment — entered judgment in favor of FEMA on January 14, 1997. Appellants subsequently filed a motion for a new trial, which the district court denied on the ground that appellants’ filing of the Proof of Loss, even if timely, was inadequate. [1] Appellants contest the judgment of the district court, and we affirm. [2]

[*545] Appellants contend that the Proof of Loss they proffered on December 5, 1995, was sufficient to allow FEMA an opportunity to evaluate the merits of their claim, and therefore the district court erred in finding the Proof of Loss to be inadequate. Under FEMA regulations, [3] strict adherence is required to all terms of the SFIP. 44 C.F.R. §§ 61.13(a), (d), (e). The SFIP, as set forth in the regulations, [4] provides that within 60 days after the loss (or within any extension authorized by FEMA), the claimant must file a signed and sworn Proof of Loss listing, inter alia, (1) “the actual cash value ... of each damaged item of insured property ... and the amount of damages sustained,” and (2)“the amount ... claim[ed][as] due under [the] policy to cover the loss____” Id.) 44 C.F.R. Pt. 61 App. A(l), Art. IX, ¶ J(3).

Although we have serious reservations about whether appellants’ filing of- the Proof of Loss was timely under the facts of this case, we do not decide this appeal on that basis. Rather, we uphold the district court’s finding that appellants’ Proof of Loss (assuming it was filed in a timely manner) was inadequate. By writing “THESE FIGURES ARE UNACCEPTABLE” next to the listed amounts, appellants in effect nullified any representations as to the “actual cash value loss” or “the net amount claimed” that these figures otherwise would have made. [5] See Rec. 13. Moreover, by failing to provide “acceptable” damage figures of their own, appellants did not provide any sworn information whereby FEMA could evaluate “the merits of their claim.” Appellants’ presumption that their claim could be processed in these circumstances is simply implausible, if not absurd.

Appellants contend in the alternative that FEMA should be estopped from asserting as a defense their failure to meet the Proof of Loss filing requirement. We disagree. Appellants’ claim ignores the Supreme Court’s recent holding, made under the Appropriations Clause of the Constitution, Art. I, § 9, cl. 7, that the judiciary is powerless to uphold an “an assertion of es-toppel against the Government by a claimant seeking [money from the Public Treasury contrary to a statutory appropriation].” OPM v. Richmond, 496 U.S. 414, 434, 424, 110 S.Ct. 2465, 2476, 2471, 110 L.Ed.2d 387 (1990). The Court recognized that ‘“not even the temptations of a hard case’ will provide a basis for ordering recovery contrary to the terms of [a] regulation, for to do so would disregard ‘the duty of all courts to observe the conditions defined by Congress for charging the public treasury.’” Richmond, 496 U.S. at 420, 110 S.Ct. at 2469 (quoting Federal Crop Ins. Corporation v. Merrill, 332 U.S. 380, 385-86, 68 S.Ct. 1, 3-4, 92 L.Ed. 10 (1947)) (emphasis added).

Payments awarded under FEMA-is-sued flood insurance policies are indeed “a direct charge on the public treasury.” In re Estate of Lee, 812 F,2d 253, 256 (5th Cir. 1987). FEMA, acting well within its statutory rule-making authority, 42 U.S.C. § 4013, has established that a claimant must file a[*546] Proof of Loss containing certain specified information before his claim may be considered. 44 C.F.R. Pt. 61 App. A(l), Art. IX, ¶ J(3). As established above, appellants failed to satisfy this regulatory requirement in this case. In such circumstances, there can be no estoppel of the Proof of Loss requirement, for we cannot estop “the conditions defined by Congress for charging the public treasury.” Richmond, 496 U.S. at 420, 110 S.Ct. at 2469 (quoting Merrill, 332 U.S. at 385-86, 68 S.Ct. at 3-4). Appellants, therefore, have not raised any genuine issues of material fact foreclosing judgment as a matter of law in FEMA’s favor. The judgment of the district court is affirmed accordingly.

AFFIRMED.

1

. The district court issued its order denying appellants' motion for new trial on April 18, 1997.

2

. Appellants'. Notice of Appeal purports to challenge the “final judgment” issued by the district court on April 18, 1997. As discussed above, the district court issued its judgment in favor of FEMA on January 14, 1997, not on April 18, 1997. The only action the district court took on April 18, 1997 was to deny appellants’ motion for a new trial.

FEMA contends that appellants’ Notice of Appeal raises for review only the denial of their motion for new trial, and therefore our review of the district court’s action is constrained by the[*545] abuse of discretion standard. See Goldman v. Bosco, 120 F.3d 53, 54 (5th Cir. 1997) ("Generally, we review the district court’s ruling on a motion for new trial for an abuse of discre-tion____”). Appellants, however, advocate the de novo standard of review that we reserve for appeals of summary judgment. F.D.I.C. v. Lee, 130 F.3d 1139, 1140 (5th Cir.1997) ("[A] grant of summary judgment [is reviewed] de novo.’’).

We need not resolve the parties’ dispute concerning the posture of this appeal and the applicable standard of review. Even if we view this case as an appeal of summary judgment, and apply the more lenient de novo standard of review, the district court’s judgment survives scrutiny. As explained below, appellants fail to establish that there is a "genuine issue [of] material fact” or that FEMA is not "entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c).

3

. FEMA has authority to promulgate by regulation "general terms and conditions of insurability ..., including ... any ... terms and conditions relating to. insurance coverage or exclusion which may be necessary to carry out the purposes of [the National Flood Insurance Program].” 42 U.S.C. § 4013.

4

. 44 C.F.R. Pt. 61, App. A(l); 44 C.F.R. §§ 61.4(a), (b); 44 C.F.R. § 61.13(a) ("Each of the Standard Flood Insurance Policy forms included in Appendix 'A' hereto ... and by reference incorporated herein shall be incorporated into the Standard Flood Insurance Policy.”).

5

. The figures appearing in the December 5, 1995, Proof of Loss had been transcribed by the insurance adjustor assigned to investigate appellants’ claim.