Legal Opinion · Dissent
Richard Pecarovich v. Allstate Insurance Company
Court of Appeals for the Ninth Circuit
Decided October 31, 2002No. 00-55400Published
1DissentTallman, Circuit Judge
Because I believe Pecarovich’s claim is proeedurally barred under well settled law, I respectfully dissent.
A claimant must strictly comply with the terms of the Standard Flood Insurance Policy (“SFIP”).1 Flick v. Liberty Mutual, 205 F.3d 386, 387 (9th Cir.2000) (concluding “that the strict compliance rule is applicable to policies written by private insurance companies under the National Flood Insurance Program”); Wagner v. FEMA, 847 F.2d 515, 518 (9th Cir.1988) (“The SFIP’s procedural requirements must be taken seriously: They constitute conditions precedent to a waiver by the federal…
2Cases cited8 opinions
- Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
- Gowland v. AetnaCourt of Appeals for the Fifth Circuit · 1998
- Irene Flick v. Liberty Mutual Fire Insurance CompanyCourt of Appeals for the Ninth Circuit · 2000
- M.D. Phelps and Irene K. Phelps v. Federal Emergency Management AgencyCourt of Appeals for the First Circuit · 1986
- Humphrey v. National Flood Insurance ProgramDistrict Court, D. Maryland · 1995
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