Oliver v. Wright National Flood Insurance Company
2:24-cv-01120
M.D. Fla.Jun 6, 2025Background
- Plaintiff Vickie Lynn Oliver held a Standard Flood Insurance Policy (SFIP) with Wright National Flood Insurance Company (Wright National) for property in Fort Myers Beach, Florida.
- Hurricane Ian caused significant flood damage to the property on September 28, 2022, triggering a timely insurance claim.
- Wright National paid initial amounts based on its adjuster’s report but denied further payment on June 21, 2024, finding insufficient documentation for additional claims.
- Plaintiff submitted a late Sworn Proof of Loss (over one year after the loss), appealed to FEMA, and upon denial on November 22, 2024, filed suit for breach of the insurance policy on December 5, 2024.
- Wright National moved to dismiss, arguing failure to submit a timely proof of loss was a bar to suit; plaintiff countered that suit was filed within the one-year post-denial timeframe and that the insurer had shown flexibility in enforcing policy provisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of suit filing | Lawsuit timely if filed within 1 year of claim denial | Suit time-barred since proof of loss was late | Filing was timely |
| Condition precedent—Proof of Loss | Waiver, flexibility, and ambiguous requirements; merits issue | Failure to timely submit a signed proof of loss bars suit | Not suitable for dismissal at this stage |
| Effect of late proof of loss | Can still sue if claim denied, substantive prejudice not clear | Material breach of policy conditions precedent | Factual question, not ground for dismissal |
| Legal standard for dismissal | Complaint states plausible claim; facts favor plaintiff | No material factual dispute, suit should be dismissed | Denial standard not met |
Key Cases Cited
- Erickson v. Pardus, 551 U.S. 89 (2007) (requiring courts to accept well-pleaded facts as true on a motion to dismiss)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (plausibility standard for stating a claim)
- Grossman v. Nationsbank, N.A., 225 F.3d 1228 (11th Cir. 2000) (standard for reviewing complaint at motion to dismiss stage)
- Horsley v. Feldt, 304 F.3d 1125 (11th Cir. 2002) (incorporation-by-reference doctrine for extrinsic documents)