Uddoh v. Selective Insurance Co. of America, 051319 FED3, 18-2274

Docket Nº:18-2274
Opinion Judge:PER CURIAM
Party Name:HUMPHREY O. UDDOH, Appellant v. SELECTIVE INSURANCE COMPANY OF AMERICA, I/P/A Selective Insurance Company; CNC CATASTROPHIC AND NATIONAL CLAIMS; PAUL PIERCE
Judge Panel:Before: KRAUSE, SCIRICA and NYGAARD, Circuit Judges
Case Date:May 13, 2019
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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HUMPHREY O. UDDOH, Appellant

v.

SELECTIVE INSURANCE COMPANY OF AMERICA, I/P/A Selective Insurance Company; CNC CATASTROPHIC AND NATIONAL CLAIMS; PAUL PIERCE

No. 18-2274

United States Court of Appeals, Third Circuit

May 13, 2019

NOT PRECEDENTIAL

Submitted Pursuant to Third Circuit LAR 34.1(a) April 23, 2019

On Appeal from the United States District Court for the District of New Jersey (D.C. Civil Action No. 2:13-cv-02719) District Judge: Honorable Stanley R. Chesler

Before: KRAUSE, SCIRICA and NYGAARD, Circuit Judges

OPINION [*]

PER CURIAM

Humphrey O. Uddoh appeals from the order of the United States District Court for the District of New Jersey entering summary judgment in favor of Selective Insurance Company of America ("Selective"). We will affirm.

Uddoh owns property in Jersey City, New Jersey, which was insured by a Standard Flood Insurance Policy (SFIP) issued by Selective, a "Write Your Own" (WYO) company participating in the National Flood Insurance Program (NFIP). The terms of SFIP policies and disputes are governed by regulations promulgated by the Federal Emergency Management Agency (FEMA), the National Flood Insurance Act of 1968, and federal common law. Suopys v. Omaha Prop. & Cas., 404 F.3d 805, 807 (3d Cir. 2005). "Because any claim paid by a WYO Company is a direct charge to the United States Treasury, strict adherence to the conditions precedent to payment is required." Id. at 809. One of the conditions is timely submission by the insured of a "signed and sworn" proof of loss that includes, inter alia, the amount of money that an insured is claiming under the flood insurance policy, accompanied by detailed information about the property and damages. See 44 C.F.R. pt. 61, App. A(1), Art. VII(J)(4).

According to Uddoh, flooding caused by Superstorm Sandy damaged his property on October 29, 2012. On December 23, 2012, Uddoh submitted to Selective a proof of loss form that contained conflicting information concerning the loss that he allegedly suffered. Where the document provided a blank space for "Actual Cash Value Loss," the amount of $1957.99 is listed. That same amount is listed as a deductible. Therefore, on the line for "Net Amount Claimed," $0.00 is provided. But Uddoh also included handwritten notations on the form, stating that it was "signed under protest" and "demand[ing]" payment based on an insurance adjuster's submission of both a report seeking $21, 000 and an "advance payment request[]" for $30, 000." Attached to the proof of loss form was a contractor's repair estimate of $26, 000, which included items in Uddoh's basement and third floor ceiling. Selective denied Uddoh's claim on December 24, 2012, noting that the "minimal damage to the...

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