A latest appellate determination in Woodland Villas Condominiums v. Wright Nationwide Flood Insurance coverage Firm 1 highlights a harsh actuality for policyholders looking for to get well underneath the Nationwide Flood Insurance coverage Program (NFIP). Strict compliance with federal procedural necessities, particularly the federal proof of loss requirement, can override substantive claims for damages, even when there is no such thing as a actual dispute in regards to the loss itself.
On this case, Woodland Villas, a condominium affiliation in Louisiana, sustained in depth flood harm from Hurricane Ida. The affiliation submitted what it believed to be a compliant Proof of Loss kind. This doc, titled “Sworn Assertion in Proof of Loss,” was signed by an architect retained to help with the rebuilding and insurance coverage declare. The proof of loss bore his skilled seal. The affiliation argued that this submission fulfilled its obligations underneath the Normal Flood Insurance coverage Coverage necessities. Their place was that the doc outlined the claimed quantities and damages intimately, and using an expert architect to organize and seal it gave the submission credibility and evidentiary worth. 2
Wright Nationwide Flood Insurance coverage Firm, a Write-Your-Personal (WYO) Program provider appearing on behalf of FEMA, disagreed. It contended {that a} legitimate Proof of Loss should be each “signed and sworn to by the insured,” not by a third-party skilled. Wright argued that the doc submitted by Woodland Villas was not notarized and didn’t include a declaration made underneath penalty of perjury. It argued that assembly one among these two necessities was the one acceptable technique underneath federal regulation to fulfill the “sworn to” requirement. Additional, it was not signed by a board member or anybody licensed by the condominium affiliation of their official capability. Based mostly on these technical deficiencies, Wright moved for abstract judgment, asserting that Woodland didn’t adjust to a situation precedent to fee. 3
The trial courtroom agreed with Wright and granted abstract judgment, a call later affirmed on attraction. The Fifth Circuit dominated that the architect’s seal and the title of the doc have been inadequate to satisfy the SFIP’s inflexible requirements. Citing long-standing precedent, the courtroom emphasised that the U.S. Treasury funds the NFIP and, due to this fact, calls for strict compliance with its laws. The failure to supply both a notarized or penalty-of-perjury sworn assertion by the insured voided the affiliation’s means to get well further quantities, no matter whether or not the type of the submission prejudiced the insurer.
This determination is a warning for policyholders and particularly condominium associations and their property managers. It demonstrates that even the place there is no such thing as a query of the loss itself, and even the place the insurer has been given detailed data, the shortage of a correctly executed Proof of Loss can bar restoration. Within the context of condominiums, the place boards usually delegate declare duties to managers or exterior professionals, this case illustrates the important significance of making certain that statutory necessities are noticed to the letter.
I additionally counsel that solely a lawyer or a licensed public adjuster ought to put together an insurance coverage declare for a condominium. Different professionals usually are not licensed to do that.
Whereas the courtroom’s ruling could also be doctrinally appropriate underneath present regulation, it exposes a deeper flaw in how FEMA administers the NFIP. The reliance on inflexible formalities over substantive justice permits insurers to keep away from funds on in any other case legitimate claims. There was no declare right here of fraud, late discover, and even that Wright lacked data of the loss or its magnitude. As a substitute, the protection rested purely on who signed the doc and in what kind. This way-over-substance strategy leaves policyholders weak, particularly within the chaotic aftermath of disasters, and undermines the elemental goal of a federal insurance coverage security web.
The NFIP is lengthy overdue for reform. As at present administered, it too usually turns into a entice for the unwary, utilizing technicalities to disclaim authentic claims. Congress and FEMA should acknowledge that the regulation’s goal must be to indemnify losses and to not search for a procedural escape hatch. Woodland Villas had actual damages and submitted them in good religion. That ought to matter greater than whether or not the declaration was notarized or included the magic phrases “underneath penalty of perjury.” Till reform happens, policyholders should be meticulous in complying with each formal requirement, or threat being left with nothing.
I’ve written and warned about this subject earlier than in NFIP Escapes Cost with Type-Over-Substance Guidelines—The Want For Reform of the Nationwide Flood Insurance coverage Program, and Flood Insurance coverage Claims With Corrosion and Collapse—A Name For Reform.
Thought For The Day
“The spirit of the regulation, not its letter, should information our justice.”
—Oliver Wendell Holmes Jr.
1 Woodland Villas Condominiums v. Wright Nationwide Flood Ins. Co., No. 24-30722 (5th Cir. Could 1, 2025).
2 Woodland Villas Condominiums v. Wright Nationwide Flood Ins. Co., No. 24-30722 [Brief of Woodland Villas] (5th Cir.).
3 Woodland Villas Condominiums v. Wright Nationwide Flood Ins. Co., No. 24-30722 [Brief of Wright National Flood] (5th Cir.).
