Luke et al v. Allstate Insurance Company

Filing 31

ORDER and REASONS - ORDERED that Defendant's motion for summary judgment (Rec. Doc. 19) is GRANTED, and Plaintiffs' claims against Defendant are DISMISSED, as stated within document. Signed by Judge Kurt D. Engelhardt on 6/5/2014. (cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
GILBERT AND APRIL DIAZ LUKE

CIVIL ACTION

VERSUS

NO. 13-5674

ALLSTATE INSURANCE COMPANY

SECTION "N" (1)

ORDER AND REASONS
Presently before the Court is a motion for summary judgment (Rec. Doc. 19) filed
by Defendant Allstate Insurance Company. With its motion, Defendant seeks dismissal of Plaintiffs’
claims because of Plaintiffs’ alleged failure to submit a sworn proof of loss as required by Article
VII(J)(4) of the Allstate Standard Flood Insurance Policy (“SFIP”).1 Having carefully considered
the parties’ submissions and applicable law, the Court finds Defendant’s motion meritorious for
essentially the reasons set forth in this Court’s recent Order and Reasons in Bechtel v. Lighthouse
Property Insurance Company, Civil Action No. 13-5289, 2014 WL 1389631(E.D. La. April 1, 2014)
(Engelhardt, J.). As stated therein, “[w]hile the Court acknowledges that the strictness of the SFIP
requirements can produce harsh, even ‘draconian’ results . . ., mitigating such stringency is outside
the power of this Court.” Bechtel, 2014 WL 1389631, *3 (quoting Verret v. La. Farm Bureau Mut'l
Insurance Company, Civil Action No. 09-2710, 2010 WL 3883369, *4 (W.D. La. Nov. 9, 2010)
(Minaldi, J.)). Accordingly, IT IS ORDERED that Defendant's motion for summary judgment
(Rec. Doc. 19) is GRANTED, and Plaintiffs' claims against Defendant are DISMISSED.
New Orleans, Louisiana, this 5th day of June 2014.

____________________________________
KURT D. ENGELHARDT
United States District Judge
1

Defendant Allstate issued a flood insurance policy to Plaintiffs in its capacity as a
Write-Your-Own Program insurance carrier participating in the federal government’s National Flood
Insurance Program pursuant to the National Flood Insurance Act of 1968, 42 U.S.C. § 4001, et seq.