Turner et al v. Texas Farmers Insurance

Filing 24

OPINION AND ORDER granting #20 Motion for Summary Judgment and the Original Complaint of Plaintiffs, Michael and Cynthia Turner, is DISMISSED in its entirety.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
CYNTHIA TURNER
and MICHAEL TURNER

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V.
TEXAS FARMERS INSURANCE
COMPANY

CIVIL ACTION NO. G-12-082

OPINION AND ORDER
Before the Court is the Motion for Summary Judgment of Defendant, Texas Farmers
Insurance Company (Texas Farmers).

The Motion has been fully briefed and is ripe for

determination.
The facts relevant to the disposition of the Motion are few. The home of Plaintiffs,
Michael1 and Cynthia Turner, was damaged during Hurricane Ike. Their home was insured by
Texas Farmers under a Standard Flood Insurance Policy (SFIP). The Turners submitted a Proof
of Loss for flood damages in the amount of $207,940.94, and Texas Farmers ultimately paid that
Proof of Loss in full. On February 13, 2012, the Turners demanded an additional amount of
almost $193,000.00, but Texas Farmers refused to pay any more benefits. On March 16, 2012,
the Turners sued Texas Farmers for breach of contract and sought the additional benefits under
their SFIP, however, the Turners, unfortunately, never submitted another written and sworn Proof
of Loss to Texas Farmers. Settlement negotiations occurred, but reached an impasse. Texas
Farmers, therefore, filed the instant Motion.

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Michael Turner passed away while this suit was pending.

As inequitable and punitive as it may seem, the law is clear: a lawsuit for additional
insurance benefits under an SFIP cannot be legitimately pursued unless the insured strictly
complies with all of the policy’s requirements, including the submission of a Proof of Loss for the
additional benefits being sought. Marseilles Homeowners Condominium v. Fidelity National
Insurance Company, 542 F.3d 1053, 1056 (5th Cir. 2008)

The Turners’ failure to submit an

additional Proof of Loss is fatal to their breach of contract claim.
The Turners proposed equitable estoppel is not cognizable against a WYO carrier like
Texas Farmers. Wright v. Allstate Insurance Co., 415 F.2d 384, 387-389 (5th Cir. 2005)
It is, therefore, ORDERED that the “Motion for Summary Judgment” (Instrument no. 20)
of Defendant, Texas Farmers Insurance Company, is GRANTED and the Original Complaint of
Plaintiffs, Michael and Cynthia Turner, is DISMISSED in its entirety.
DONE at Galveston, Texas, this

3rd

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day of July, 2013.