Magistrate: Insured's Adversities Cannot Excuse Failure To File Proof Of Loss

GALVESTON, Texas - An insured's failure to submit a proof or loss for additional insurance benefits under her federal flood insurance policy is fatal to her claim, a Texas federal magistrate judge ruled March 29, granting the insurer's motion for summary judgment in a Hurricane Ike coverage dispute (Holly Cooper-Roell v. Fidelity National Property and Casualty Insurance Co., No. G-10-359, S.D. Texas; 2013 U.S. Dist. LEXIS 46511).

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