Legal Opinion

Wagner v. Director, Federal Emergency Management Agency

Court of Appeals for the Ninth Circuit

Decided May 20, 1988No. 87-6108PublishedCited by 1 opinion

1Opinion of the Court

KOZINSKI, Circuit Judge:

Plaintiffs sue to recover benefits under a Standard Flood Insurance Policy (SFIP) issued pursuant to the National Flood Insurance Act, 42 U.S.C. §§ 4001-4128 (1982 & *517Supp. Ill 1985). We consider whether they have satisfied the procedural requirements for maintaining the action and whether the SFIP covers losses caused by a flood-induced landslide.

Facts

Plaintiffs own homes in the Big Rock Mesa area of Malibu, California. Their properties are situated on an ancient landslide that had been dormant. Unusually heavy rainfall during the winter of 1982-1983 and the discharge…

2Cases cited31 opinions

United States v. SherwoodSupreme Court of the United States · 1941
Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
Heckler v. Community Health Services of Crawford County, Inc.Supreme Court of the United States · 1984
Block v. North Dakota Ex Rel. Board of University & School LandsSupreme Court of the United States · 1983
Lehman v. NakshianSupreme Court of the United States · 1981

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3Cited by1 opinion

Christian Wagner and Rosemarie Wagner v. Director, Federal Emergency Management Agency, Ms. Dolphia Blocker, Mr. & Mrs. James Digby, Mr. & Mrs. William Frumovitz, Mr. & Mrs. Edward Gomoll, Mr. & Mrs. Brian Grazer, Ms. Eleanor Mirsky, Mr. Pernell Roberts, Ms. Kara Knack v. Director, Federal Emergency Management Agency, Gerald Breslauer, Trustee of the Pacific Coast Highway Security Trust, and Robert Ferguson v. Director, Federal Emergency Management Agency, Samuel and Carolyn Black, Stephen and Brigette Bosustow, Sumi Tatsui, Anthony and Hedy Stute v. Director, Federal Emergency Management AgencyCourt of Appeals for the Ninth Circuit · 1988