Exim Mortgage Banking Corp. v. Witt

RULING ON MOTION TO DISMISS

HALL, District Judge.

In this suit, plaintiff Exim Mortgage Banking Corp. seeks to recover for flood damages under an insurance policy with the Federal Emergency Management Agency (FEMA). On the basis of plaintiffs failure to file a sworn proof of loss within 60 days of the date of the loss, the defendant filed a motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1) or for failure to state a claim upon which relief can be granted under Rule 12(b)(6). In the alternative, defendant seeks summary judgment on the same grounds. For the reasons set…