Gowland v. Aetna, 143 F.3d 951 (5th Cir. 1998). · Go Syfert
Gowland v. Aetna, 143 F.3d 951 (5th Cir. 1998). Cases Citing This Book View Copy Cite
475 citation events (408 in the last 25 years) across 39 distinct courts.
Strongest positive: Woodland Villas v. Wright Natl Flood (ca5, 2025-05-01) · Strongest negative: Suopys v. Omaha Prop & Cslty (ca3, 2005-04-15)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Limited Suopys v. Omaha Prop & Cslty
3rd Cir. · 2005 · confidence medium
Id.; Gowland v. Aetna, 143 F.3d 951, 955 (5th Cir. 1998) (quoting Office of Personnel Management v. Richmond, 496 U.S. 414, 425 (1990) (“Any exercise of a power granted by the Constitution to one of the other branches of Government is limited by a valid reservation of congressional control over funds in the Treasury.”).
examined Cited as authority (verbatim quote) Woodland Villas v. Wright Natl Flood (2×) also: Cited as authority (rule)
5th Cir. · 2025 · quote attribution · 1 verbatim quote · confidence high
n 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.
examined Cited as authority (verbatim quote) Woodland Villas Condominiums v. Wright National Flood Insurance Company (4×) also: Cited as authority (rule)
E.D. La. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
o provision of the can be altered, varied, or waived without the express written consent of the federal insurance administrator.
discussed Cited as authority (verbatim quote) Jumptastics, LLC v. Auto-Owners Insurance Company
E.D. Ky. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we find that the theories of substantial compliance, waiver, and equitable estoppel are inapplicable to the facts presented herein.
examined Cited as authority (verbatim quote) Loolara v. National Flood Insurance Program (2×) also: Cited as authority (rule)
M.D. La. · 2021 · signal: accord · quote attribution · 1 verbatim quote · confidence high
n 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.
discussed Cited as authority (verbatim quote) Chatelain v. United States Department of Homeland Security (2×) also: Cited "see"
E.D. La. · 2019 · signal: see also · quote attribution · 1 verbatim quote · confidence high
he provisions of an insurance policy issued pursuant to a federal program must be strictly construed and enforced.
discussed Cited as authority (verbatim quote) In Re Katrina Canal Breaches Consolidated Litigation (2×) also: Cited as authority (rule)
E.D. La. · 2008 · quote attribution · 1 verbatim quote · confidence high
he provisions of an insurance policy issued pursuant to a federal program must be strictly construed and enforced....
discussed Cited as authority (rule) Reynolds-Stevens v. Bankers Specialty Ins (2×)
5th Cir. · 2026 · confidence medium
Co., 415 F.3d 384, 386 (5th Cir. 2005) (citing 44 C.F.R. §§ 61.4 (b), 61.13(d)). 3 Id. (citing Gowland v. Aetna, 143 F.3d 951, 955 (5th Cir. 1998). 4 Campo v. Allstate Ins.
discussed Cited as authority (rule) Segal Radhi v. National Flood Insurance Program, et al. (2×)
E.D. La. · 2026 · confidence medium
Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir. 1998).
examined Cited as authority (rule) Jacque McQuaig v. Imperial Fire & Casualty Insurance Company (3×)
E.D. La. · 2026 · confidence medium
Co., 796 F.3d 529, 534 (5th Cir. 2015) (quoting Gowland v. Aetna, 143 F.3d 951, 955 (5th Cir. 1998)).
cited Cited as authority (rule) Matthew Leblanc, et al. v. Louisiana Insurance Guaranty Association, et al.
M.D. La. · 2026 · confidence medium
VII(O) in 2021). 43 Id. (quoting Gowland v. Aetna, 143 F.3d 951, 953 (5th Cir. 1998)). 44 Id. (citing Gallup v. Omaha Prop. & Cas.
discussed Cited as authority (rule) Aaron Saxon Properties, LLC v. Federal Emergency Management Agency, ET AL. (2×)
M.D. La. · 2026 · confidence medium
Imperial appears: [I]n its capacity as a Write-Your-Own (“WYO”) Program carrier participating in the U.S. Government’s National Flood Insurance Program (“NFIP”) pursuant to the National Flood Insurance Act of 1968, as amended (“NFIA”), [ 42 U.S.C. § 4001 et seq.][,] appearing herein in its “fiduciary” capacity[,] [ 44 C.F.R. § 62.23 (f)] as the “fiscal agent[,]” [ 42 U.S.C. § 4071 (a)(1); Gowland v. Aetna, 143 F.3d 951, 953 (5th Cir. 1998),] of the United States and at the expense of the United States, [Grissom v. Liberty Mut.
cited Cited as authority (rule) Bay Haven at Coco Bay Condominium Association, Inc. v. Hartford Insurance Company of the Midwest
M.D. Fla. · 2026 · confidence medium
Fla. Dec. 23, 2024), Gowland v. Aetna, 143 F.3d 951, 953 (5th Cir. 1998).
cited Cited as authority (rule) Leonora Morrow, et al. v. Imperial Fire & Casualty Insurance Company
E.D. La. · 2026 · confidence medium
Co., 542 F.3d 1053, 1054 (5th Cir. 2008) (citing Gowland v. Aetna, 143 F.3d 951, 953 (5th Cir. 1998)).
discussed Cited as authority (rule) Reynolds v. Bankers Insurance Co
W.D. La. · 2025 · confidence medium
Although Write-Your-Own (“WYO”) insurers administer SFIP policies, payments made pursuant to such policies 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. 1981)).
discussed Cited as authority (rule) Gardner v. State Farm Fire and Casualty Company (2×) also: Cited "see"
E.D. La. · 2025 · confidence medium
The notice and sworn proof of loss requirements are “separate and distinct requirements.” Gowland, 143 F.3d at 954 (5th Cir. 1998).
discussed Cited as authority (rule) Lekse v. Allstate Insurance Company
M.D. Fla. · 2025 · confidence medium
Gowland v. Aetna, 143 F.3d 951, 953 (5th Cir. 1998) (“no provision of the [SFIP] can be altered, varied, or waived without [FEMA’s] express written consent (citing 44 C.F.R. §§ 61.4 (b), 61.13(d))); see Sanz v. U.S. Sec.
discussed Cited as authority (rule) Sublett v. Westfield Insurance Company (2×) also: Cited "see"
E.D. Ky. · 2025 · confidence medium
Furthermore, payments made pursuant to a claim under the SFIP are considered a “direct charge on the public treasury.” See Gowland v. Aetna, 143 F.3d 951, 955 (5th Cir. 1998).
discussed Cited as authority (rule) Knight v. American Bankers Insurance Company of Florida
E.D. La. · 2024 · confidence medium
The WYO companies are statutorily designated as fiscal agents of the federal government, issuing and administering policies underwritten by the government.9 FEMA fixes the terms and conditions of all federal flood policies, which must be issued in the Standard Flood Insurance Policy form, and no provision of the policy can be altered, varied, 5 National Flood Insurance Act of 1968, 42 U.S.C. §§ 4001-4131 ; Gowland v. Aetna, 143 F.3d 951, 953 (5th Cir. 1998). 6 Gowland, 143 F.3d at 953 . 7 42 U.S.C. § 4005 . 8 See 42 U.S.C. § 4081 (a); 44 C.F.R. § 62.23 (g). 9 42 U.S.C. § 4071 . or waived…
discussed Cited as authority (rule) Hebert v. American Bankers Insurance Company of Florida
E.D. La. · 2024 · confidence medium
The Fifth Circuit has held that WYO companies cannot waive the requirements set forth in SFIPs because “the federal regulations provide that no provision of the policy may be altered, varied, or waived without the express written consent of the Federal Insurance Administrator.” See Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir. 1998) (citing 44 C.F.R. §§61.4 (b), 61.13(d)). exercising its option to waive proof of loss.31 Accordingly, the October 23, 2021 letter constituted a proper notice of partial disallowance that began the one- year prescriptive period.
discussed Cited as authority (rule) MALIK v. AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, INC. (2×)
D.N.J. · 2024 · confidence medium
Co., 122 F. Supp. 2d 523 , 526 n.1 (D.N.J. 2000) (“This court notes that [the policyholder’s] repeated claims of ignorance regarding the proof of loss statement requirement do not benefit plaintiffs’ position. [SFIP] Art. 10 § (O)(6) explicitly states that the Insured is obliged to complete a proof of loss form even if the Insurer's adjuster does not furnish the form or help the Insured complete it.”); Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir. 1998) (holding “an insured’s failure to provide a complete, sworn proof of loss statement, as required by the flood insurance policy, r…
cited Cited as authority (rule) Cypress PT SJP, LLC v. CNA Catastrophe Claims
E.D. La. · 2024 · confidence medium
Gowland v. Aetna, 143 F.3d 951, 953 (5th Cir. 1998).
cited Cited as authority (rule) Sylve v. American Bankers Insurance Company of Florida
E.D. La. · 2024 · confidence medium
Gowland v. Aetna, 143 F.3d 951, 953 (5th Cir. 1998).
cited Cited as authority (rule) Langston v. American National Property and Casualty Co.
S.D. Tex. · 2023 · confidence medium
It is well established that “the provisions of an insurance policy issued pursuant to a federal program must be strictly construed and enforced.” Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir. 1998).
discussed Cited as authority (rule) R and R Navigator LLC v. Wright National Flood Insurance Company
W.D. Tex. · 2023 · confidence medium
Thus, “an insured’s failure to provide a complete, sworn proof of loss statement . . . relieves the federal insurer’s obligation to pay what otherwise might be a valid claim.” Ferraro, 796 F.3d at 532 (citing Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir. 1998)).
cited Cited as authority (rule) Broussard v. Louisiana Farm Bureau Casualty Insurance Co
W.D. La. · 2022 · confidence medium
The SFIP “must be strictly construed and enforced.” Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir. 1998).
cited Cited as authority (rule) Stewart v. Louisiana Farm Bureau Mutual Insurance Co
W.D. La. · 2022 · confidence medium
The SFIP “must be strictly construed and enforced.” Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir. 1998).
cited Cited as authority (rule) McInnis v. Liberty Mutual
5th Cir. · 2022 · confidence medium
Gowland v. Aetna, 143 F.3d 951, 953 (5th Cir. 1998).
discussed Cited as authority (rule) O'Berry v. American Strategic Insurance
D. Ariz. · 2022 · confidence medium
(Doc. 1 at 1.) ASI participates in the National Flood 27 Insurance Program (“NFIP”) pursuant to the National Flood Insurance Act (“NFIA”). 28 (Doc. 1 at 1.) In 1968, “Congress established the NFIA to provide insurance coverage at 1 or below actuarial rates” because it was “uneconomical for private insurance companies to 2 provide flood insurance with reasonable terms and conditions to those in flood prone 3 areas.” Gowland v. Aetna, 143 F.3d 951, 953 (5th Cir. 1998).
discussed Cited as authority (rule) O'Berry v. American Strategic Insurance
S.D. Fla. · 2022 · confidence medium
(Doc. 1 at 1.) ASI participates in the National Flood 27 Insurance Program (“NFIP”) pursuant to the National Flood Insurance Act (“NFIA”). 28 (Doc. 1 at 1.) In 1968, “Congress established the NFIA to provide insurance coverage at 1 or below actuarial rates” because it was “uneconomical for private insurance companies to 2 provide flood insurance with reasonable terms and conditions to those in flood prone 3 areas.” Gowland v. Aetna, 143 F.3d 951, 953 (5th Cir. 1998).
discussed Cited as authority (rule) Morales v. Allstate Insurance Co (2×)
W.D. La. · 2022 · confidence medium
ALLSTATE INSURANCE CO MAGISTRATE JUDGE KAY MEMORANDUM RULING Before the Court is “Allstate Insurance Company’s [“Allstate”] Motion for Summary Judgment” (Doc. 10) wherein Allstate, a Write-Your-Own (“WYO”) Program carrier participating in the United States Government’s National Flood Insurance Program (“NFIP”) pursuant to the National Flood Insurance Act of 1968, as amended, 42 U.S.C. § 4001 , et seq. appearing herein in its “fiduciary” 44 C.F.R. § 62.23 (f) capacity as the “fiscal agent of the United States” 42 U.S.C. § 4071 (a)(1); Gowland v. Aetna, 143 F.3d 95…
cited Cited as authority (rule) Allen v. Wright National Flood Insurance Services, LLC
M.D. La. · 2022 · confidence medium
Mgmt. v. Richmond, 496 U.S. 414, 420 , 110 S. Ct. 2465 , 110 L.Ed.2d 387 (1990)).75 70 Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir. 1998). 71 44 C.F.R.
cited Cited as authority (rule) Smith v. ASI Select Insurance
M.D. La. · 2021 · confidence medium
ANALYSIS The United States Court of Appeals for the Fifth Circuit has established that the SFIP “must be strictly construed and enforced.” Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir. 1998).
discussed Cited as authority (rule) McInnis v. Liberty Mutual Fire Insurance Company
M.D. La. · 2021 · confidence medium
ANALYSIS A. Whether Plaintiffs’ Lawsuit is Time Barred The United States Court of Appeals for the Fifth Circuit established that the SFIP “must be strictly construed and enforced.” Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir. 1998).
cited Cited as authority (rule) Nguyen v. TX Farmers Ins
5th Cir. · 2021 · confidence medium
Thus, the terms and conditions of SFIPs must be “strictly construed and enforced.” Id. at 532 (quoting Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir. 1998)).
discussed Cited as authority (rule) Cothern v. ASI Select Insurance
M.D. La. · 2021 · confidence medium
Therefore, in 1968 Congress established the National Flood Insurance Program [(“NFIP”)] to provide insurance coverage at or below actuarial rates.” Gowland v. Aetna, 143 F.3d 951, 953 (5th Cir. 1998).
discussed Cited as authority (rule) Castleberry v. American National Property and Casualty Company (2×)
M.D. La. · 2021 · confidence medium
First, the SFIP “must be strictly construed and enforced.” Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir. 1998).
discussed Cited as authority (rule) Burkhalter v. Hartford Underwriters Insurance Company
M.D. La. · 2021 · confidence medium
SFIP Construction And Relevant Terms The U.S. Court of Appeals for the Fifth Circuit has repeatedly advised that the SFIP “must be strictly construed and enforced.” Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir. 1998).
discussed Cited as authority (rule) Brown v. Wright Natl Flood Ins
5th Cir. · 2021 · confidence medium
As “an insurance policy issued pursuant to a federal program,” the provisions of an SFIP are to be “strictly construed and enforced.” Ferraro, 9 Case: 20-30525 Document: 00515933142 Page: 10 Date Filed: 07/12/2021 No. 20-30525 796 F.3d at 532 (quoting Gowland v Aetna, 143 F.3d 951, 955 (5th Cir. 1998)).
discussed Cited as authority (rule) US Heavy Machinery, llc v. Allstate Insurance Company
S.D. Tex. · 2020 · confidence medium
Ferraro, 796 F.3d at 532 . “‘[A]n 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.’” Id. (quoting Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir. 1998)).
discussed Cited as authority (rule) William Clark, III v. Wright National Flood (2×)
5th Cir. · 2020 · confidence medium
Program, 143 F.3d 951, 954 (5th Cir. 1998).
cited Cited as authority (rule) Hon v. Allstate Fire & Casualty Insurance Company
S.D. Tex. · 2020 · confidence medium
Co., 542 F.3d 1053, 1054 (5th Cir. 2008) (citing Gowland v. Aetna, 143 F.3d 951, 953 (5th Cir. 1998)).
cited Cited as authority (rule) Keshwani v. American Bankers Insurance Company of Florida
S.D. Tex. · 2020 · confidence medium
Co., 796 F.3d 529 , 531– 32 (5th Cir. 2015) (quoting Gowland v. Aetna, 143 F.3d 951, 955 (5th Cir. 1998)).
discussed Cited as authority (rule) Seahorse Oceanside Apartments Condominium Association, Inc v. Homesite Insurance Company
S.D. Fla. · 2020 · confidence medium
Co., 730 F.3d 76, 84 (1st Cir. 2013) (proof of loss stated incorrect dollar amount); Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir. 1998) (proof of loss not submitted); Suopys v. Omaha Prop. & Cas., 404 F.3d 805, 808 (3d Cir. 2005) (proof of loss not submitted within 60 days); Jacobson v. Metro.
discussed Cited as authority (rule) Seahorse Oceanside Apartments Condominium Association, Inc v. Homesite Insurance Company
S.D. Fla. · 2020 · confidence medium
Co., 730 F.3d 76, 84 (1st Cir. 2013) (proof of loss stated incorrect dollar amount); Gowland v. Aetna, 143 F.3d 951, 954 (5th Cir. 1998) (proof of loss not submitted); Suopys v. Omaha Prop. & Cas., 404 F.3d 805, 808 (3d Cir. 2005) (proof of loss not submitted within 60 days); Jacobson v. Metro.
examined Cited as authority (rule) Morgan Jr v. Texas Farmers Insurance Company (3×) also: Cited "see"
S.D. Tex. · 2020 · confidence medium
FEMA sets the terms and conditions of all federal flood insurance policies, and these policies must be issued in the form of an SFIP. 44 C.F.R. § 61.4 (b); Gowland v. □ Aetna, 143 F.3d 951, 953 (Sth Cir. 1998).
discussed Cited as authority (rule) Spector v. USAA Casualty Insurance Company
E.D. La. · 2019 · confidence medium
Co., 163 F.3d 161, 165 (3d Cir. 1998) (citing 42 U.S.C. § 4071 (a)(1))). 13 Ekhlassi, 926 F.3d at 137 (quoting Van Holt, 163 F.3d at 166-67 ). 14 Gowland v. Aetna, 143 F.3d 951, 955 (5th Cir. 1998) (citing In re Estate of Lee, 812 F.2d 253 , 256 (5th Cir. 1986)). 15 See, Bennet, Civ.
discussed Cited as authority (rule) Robert Spong v. Fidlty Natl Prop & Cslty In
5th Cir. · 2017 · confidence medium
In a factually analogous case, we emphasized “that the National Flood Insurance Program is federally subsidized and enables consumers to obtain flood insurance which virtually would be impossible to purchase in the marketplace.” Gowland v. Aetna, 143 F.3d 951, 955 (5th Cir. 1998).
discussed Cited as authority (rule) Spong v. Fidelity National Property & Casualty Insurance Co.
5th Cir. · 2017 · confidence medium
In a factually analogous case, we emphasized “that the National Flood Insurance Program is federally subsidized and enables consumers to obtain flood insurance which virtually would be impossible to purchase in the marketplace.” Gowland v. Aetna, 143 F.3d 951, 955 (5th Cir. 1998).
cited Cited as authority (rule) Miller v. American Strategic Insurance Corp.
5th Cir. · 2016 · confidence medium
Co., 542 F.3d 1053, 1054 (5th Cir. 2008) (per curiam). 5 . 42 U.S.C. § 4071 (a)(1); Gowland v. Aetna, 143 F.3d 951, 953 (5th Cir. 1998). 6 .
Retrieving the full opinion text from the archive…
Charles L. GOWLAND; Marguerite C. Gowland, Plaintiffs-Appellants,
v.
AETNA; Aetna Flood Insurance Program; Aetna Casualty & Surety Co., Defendants, Aetna Casualty & Surety Co., Defendant-Appellee
97-30397.
Court of Appeals for the Fifth Circuit.
Jun 25, 1998.
143 F.3d 951
Nicholas F. LaRocca, Jr., Morgan City, LA, for Plaintiffs-Appellants., Gerald Joseph Nielsen, Nielsen Law Firm, Metairie, LA, for Defendanb-Appellee., Marc Philip Richman, William Kanter, U.S. Dept, of Justice, Civ. Div., App. Staff, Washington, DC, for United States of America, Amicus Curiae.
Politz, Higginbotham, Demoss.
Cited by 160 opinions  |  Published
POLITZ, Chief Judge:

Charles and Marguerite Gowland seek to recover benefits under a Standard Flood Insurance Policy issued by Aetna Casualty & Surety Co., under the provisions of the National Flood Insurance Act. [1] The district court granted Aetna’s motion for summary judgment on the basis that the Gowlands failed to file the requisite sworn proof of loss. Concluding that the Gowlands have failed to conform with mandatory policy provisions, we affirm.

BACKGROUND

On- April 27, 1994 the Gowlands’ camp, located on the Banks of Bayou Mellom in St. Mary Parish, was flooded. The flood waters from the bayou entered the property, rose to a level of approximately three inches above the floor and did not begin to recede until three or four weeks later. At the time of the flooding, the property was insured by a flood insurance policy issued by Aetna. The policy required that the insured submit to Aetna, within 60 days after the loss, a sworn proof of loss statement detailing, inter alia, the items damaged and the dollar amounts claimed.

The day after the flood the Gowlands reported the damage to their local agent who, in turn, notified Aetna. The loss was reported on a form provided by Aetna and contained some of the same information that would have been provided in a proof of loss statement. Aetna sent an adjuster to the property who found water standing inside the structure and determined that he was not qualified to inspect for possible foundation damage. Thereafter, Aetna hired an engineer who inspected the property on May 18, 1994 and determined that there had been no recent earth movement caused by the flooding. On June 14, 1994 Aetna asked the Gowlands to provide the requisite “proof of loss” which it described as “your statement to us listing the dollar amount of your claim” or to provide an explanation why such a statement could not be furnished. In order to comply with the policy’s requirements, the Gowlands needed to submit their proof of loss statement by June 27, 1994. Instead of submitting the proof of loss, the Gowlands’ agent advised Aetna that the amount of the loss had yet to be determined because it was not possible to ascertain the extent of the damage until the water receded from the structure.

Meanwhile, Aetna’s adjuster received the engineer’s report and advised the Gowlands that there were no damages found and that their claim was being closed. In March of 1995 the Gowlands claimed that the damages from the flood began to be manifested and, through their agent, they made a written request to Aetna to reopen the file. Aetna agreed and suggested that the Gowlands hire their own engineer to inspect the property. After the Gowlands’ engineer submitted his findings, Aetna once again denied the claim and advised that the file would be closed. In August of 1995 Aetna agreed to, once again, reopen the file to consider cost estimates secured by the Gowlands. After receiving this filing, Aetna advised that the estimates were totally unacceptable. The Gowlands offered to engage a contractor to help arrive at a mutually agreeable cost estimate but received no reply from Aetna. Thereafter, the Gowlands sued Aetna in state court. Aetna removed the case to federal court and moved for summary judgment, seeking dismissal of the claim based on the fact that the Gowlands had failed to file a sworn proof of loss as required by the policy. Aetna’s motion was granted and the Gowlands timely appealed.

[*953] ANALYSIS

Although the Gowlands acknowledge that they never filed a formal proof of loss statement as required by the insurance policy, they contend that they substantially complied with the proof of loss requirement when their adjuster filed a notice of loss the day after the alleged damage occurred. In addition, they maintain that Aetna waived the proof of loss requirement by repeatedly re-opening their claim and by never mentioning the absence of the proof of loss statement as a reason for denying coverage. Finally, they contend that the doctrine of equitable estop-pel bars Aetna from asserting the-proof of loss requirement as a defense.

A. The National Flood Insurance Program

Before addressing the merits of the Gow-lands’ claims, we must focus on the essential fact that this claim involves the National Flood Insurance Program. It is uneconomical for private insurance companies to provide flood insurance with reasonable terms and conditions to those in flood prone areas. Therefore, in 1968 Congress established the National Flood Insurance Program to provide insurance coverage at or below actuarial rates. The program is currently operated by the Federal Emergency Management Agency (FEMA) and actually is supported by the federal treasury.

Flood insurance policies can be issued directly by FEMA or through private insurers known as “Write Your Own” companies. By statute, these companies are fiscal agents of the United States. [2]

The terms and conditions of all federal flood insurance policies, including the policy issued to the Gowlands, are fixed by FEMA. Policies must be issued in the form of a Standard Flood Insurance Policy and no provision of the policy can be altered, varied, or waived without the express written consent of the Federal Insurance Administrator. [3]

B. Substantial Compliance

The Gowlands contend that the notice of loss provided to Aetna contained substantially the same information as required by the formal proof of loss form and should be deemed sufficient. The flood policy issued to the Gowlands’ provided in pertinent part:

Should a flood loss occur to your insured property, you must:

1. Notify us in writing as soon as practicable;
2. ’As soon as reasonably possible, separate the damaged and undamaged property, putting it in the best possible order so that we may examine it; and
3. Within 60 days after the loss, send us a proof of loss, which is your statement as to the amount you are claiming under 'the policy signed and sworn to by you and furnishing us with the following information:
a. The date and time of the loss;
b. A brief explanation of how the loss happened;
c. Your interest in the property damaged (for example, “owner”), the interest, if any, of others in the damaged property;
' d. The actual cash value of each damaged item of insured property ... and the amount of damage sustained;
e. Names of mortgagees or anyone else having a lien, charge or claim against the insured property;
f. Details as to any other contracts of insurance covering the property, whether valid or not,
g. Details of any changes in ownership, use, occupancy, location or possession of the insured property since the policy was issued;
h. Details as to who occupied any insured building at the time of the loss and for what purpose; and
[*954] i. The amount you claim is due under this policy to cover the loss, including stats concerning:
(1) The limits of coverage stated in the policy; and
(2) The cost to repair or replace the damaged property (whichever is less).

Although the notice of loss provided by the Gowlands gave some of the information required by the formal proof of loss statement, it is clear that giving notice of loss and providing a sworn proof of loss statement are separate and distinct requirements of the policy. The policy calls for written notice of loss to be given as soon as practicable and a formal proof of loss statement to be submitted within 60 days after the loss. The Gowlands provided written notice of loss through their agent, but never filed a formal proof of loss statement as required by the policy. As the provisions of an insurance policy issued pursuant to a federal program must be strictly construed and enforced, [4] we 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.

C. Waiver

The Gowlands contend that Aetna waived the proof of loss requirement by failing to mention it as a basis for denying their claim, and by repeatedly re-opening their file after the sixty-day deadline. The policy at issue herein provides that the insurer, at its option, may waive the proof of loss requirement in certain cases. In such cases, the insured is required to sign, and at the insurer’s option, swear to the adjuster’s report of the loss. As the district court noted, the Gowlands never signed an adjuster’s report of loss.

The Gowlands further contend that Aetna’s reminder letter regarding the proof of loss statement waived the proof of loss requirement by failing to specify accurately the information prescribed in the policy. As noted above, the federal regulations provide that no provision of the policy may be altered, varied, or waived without the express written consent of the Federal Insurance Administrator. [5] It is clear that no such waiver was sought or obtained herein.

The reminder letter sent by Aetna expressly stated that it was not waiving any rights or defenses under the policy. It is therefore beyond peradventure that Aetna’s letter may not be interpreted as an express written waiver. In light of the provision that an express written waiver is necessary to dispense with the proof of loss requirement, the Gowlands’ contention that Aetna waived that requirement by merely re-opening the file after the sixty-day deadline is devoid of merit. At most, the re-opening of the file after the deadline might be deemed a constructive waiver which, however, could not be effective in light of the policy and federal regulations mandating that any waiver be express and in writing.

D. Equitable Estoppel

Finally, the Gowlands contend that the doctrine of equitable estoppel bars Aetna from asserting the proof of loss requirement as a defense. Their contention is based on the premise that Aetna was aware that their camp had been damaged by the flood and took steps which led them to believe that their claim was being routinely processed.

The Gowlands notified Aetna the day after the flood. Thereafter, adjusters were sent to inspect the property and Aetna and the Gowlands continually negotiated the insurance claim. While we may empathize with the Gowlands’ position, they have not advanced a valid claim for traditional estop-pel, [6] and decidedly have not advanced a valid[*955] claim, should such exist, for estoppel against the government.

Although the Gowlands’ policy was written by Aetna, a private insurance company, payments made pursuant to that policy are “a direct charge on the public treasury. [7] When federal funds are involved, the judieia-' ry is powerless to uphold a claim of estoppel because such a holding would encroach upon the appropriation power granted exclusively to Congress by the Constitution. “Any exercise of a power granted by the Constitution to one of the other branches of Government is limited by a valid reservation of congressional control over funds in the Treasury.” [8] To date, the Supreme Court has not upheld an estoppel claim resulting in the payment of money out of the treasury.

Conclusion

We find that the theories of substantial compliance, waiver, and equitable estoppel are inapplicable to the facts presented herein. While this result may seem harsh in light of the Gowlands’ ongoing negotiations with Aetna, we must remind that the National Flood Insurance Program is federally subsidized and enables consumers to obtain flood insurance which virtually would be impossible to purchase in the marketplace. Requiring the Gowlands to turn square corners when dealing with the Treasury “does not reflect a callous outlook. It merely expresses the duty of all courts to observe the conditions defined by Congress for charging the public treasury.” [9] Accordingly, the judgment of the district court must be and is AFFIRMED.

4

. Federal Crop. Ins. Corp. v. Merrill, 332 U.S. 380, 68 S.Ct. 1, 92 L.Ed. 10 (1947).

5

. 44 C.F,R.§ 61.13(d).

6

. The elements of estoppel are that (1) the party to be estopped was aware of the facts; (2) the party to be estopped intended its act or omission to be acted upon; (3) the party asserting estoppel did not have knowledge of the facts; and (4) the party asserting estoppel reasonably relied on the conduct of the party to be estopped to his substantial injury. Ingalls Shipbuilding, Inc. v. Director, Office of Workers' Compensation Programs, U.S. Dept. of Labor, 976 F.2d 934 (5th Cir.1992).[*955] As the district court noted, the Gowlands cannot satisfy the third element of the test. Not only did Aetna remind them of their obligation to file a proof of loss statement, the record indicates that the Gowlands had filed flood claims and satisfied the proof of loss requirement in the past.

7

. In re Estate of Lee, 812 F.2d 253, 256 (5th Cir.1987).

8

. Office of Personnel Management v. Richmond, 496 U.S. 414, 425, 110 S.Ct. 2465, 110 L.Ed.2d 387(1990).

9

. Federal Crop Ins. Corp. v. Merrill, 332 U.S. 380, 385, 68 S.Ct. 1, 3-4, 92 L.Ed. 10 (1947).