Magistrate: Failure To Submit Proof Of Loss Is Fatal To Breach Of Contract Claim

GALVESTON, Texas - Texas insureds' failure to submit a proof of loss for their alleged $193,000 in additional flood damage losses is fatal to their breach of contract claim against their federal flood insurer, a Texas federal magistrate judge ruled July 3, granting the insurer's motion for summary judgment and dismissing the insureds' lawsuit (Cynthia Turner, et al. v. Texas Farmers Insurance Co., No. G-12-082, S.D. Texas; 2013 U.S. Dist. LEXIS 93144).

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