Lekse et al v. Allstate Ins. Co., 2:24-cv-00824-JES-NPM (U.S. District Court Middle District of Florida Fort Myers Division, July 2, 2025 – Senior Judge Steele)

Granting Allstate’s motion for summary judgment, ruling that the plaintiffs’ lawsuit was barred by the one-year statute of limitations under 42 U.S.C. § 4072 and 44 C.F.R. Pt. 61, App. A(1), Art. VII(O), because they filed suit five days after the deadline following Allstate’s partial denial of their flood insurance claim on September 6, 2023. The Court emphasized that strict compliance with the Standard Flood Insurance Policy (SFIP) is required, citing precedents such as Sanz v. U.S. Security Inc. Co., 328 F.3d 1314, 1318 (11th Cir. 2003), and Gowland v. Aetna, 143 F.3d 951, 953 (5th Cir. 1998), which underscore that no SFIP provision can be waived without FEMA’s express written consent.
https://ecf.flmd.uscourts.gov/cgi-bin/show_public_doc?2024-00824-36-2-cv