Del Boring Tire Service v. Federal Emergency Management Agency

OPINION

ZIEGLER, District Judge.

I. History of Case

This is a civil action to recover the proceeds allegedly due under a contract of insurance between plaintiff, Del Boring Tire Service, Inc., (Del Boring) and defendant, Federal Emergency Management Agency (FEMA). Jurisdiction is predicated on 42 U.S.C. § 4053. Presently before the court are the cross-motions of the parties for summary judgment. For the reasons set forth herein, the motion of defendant will be granted and the motion of Del Boring will be denied.

The stipulation of facts submitted by the parties establishes the following. Del…