![]() ![]() ![]() The reasoning for the law and ruling is important. Douglas Sunseri… When Plaintiff retained Sunseri to represent him, Plaintiff agreed in a document entitled “Fee Agreement and Authority to Represent” that: ‘I authorize Attorney to sign any Proof of Loss on behalf of the myself to preserve my claim with FEMA.’ …Rather, the document is signed, ‘Duane Cothren by JDS.’. Plaintiff did not sign the Proof of Loss. On September 26, 2017, Plaintiff through his counsel submitted a Proof of Loss form dated Septemclaiming his flood loss totaled $250,000.00…. Here are the simple relevant facts cited by the federal court: One recent case held that an attorney at law, while acting with authority for the client, cannot sign the proof of loss form for the policyholder client. In this “form over substance” common law, which federal judges feel compelled to follow, an important lesson is to follow those rules in an exacting manner or risk losing insurance benefits. ![]() It has truly become a situation where technical, literal rules are followed to the letter of the law rather than any intent or spirit for why the rule was written. If you need to file a claim, please visit to open your claim online, text the word CLAIM to 72 to report your claim, or call 1-80 to start the process.Federal common law interpreting the rules and regulations of the National Flood Program is usually not helpful to policyholders. Remember, the claims team at Wright Flood is here to help you and your family recover. Provide the adjuster with documentation supporting completed repairs from prior flood claims.Try to find purchase receipts, invoices, etc.If soft, cut holes at base level to facilitate drying. Test drywall for moisture softness after flood water recedes.Put wet books or photo albums on edge into a frost-free freezer to try to save them.Wash wet CDs or LP records with warm water and dry with a soft cloth.Open cabinet doors and elevate furniture to allow air movement.Disconnect computers and other appliances from electrical sources.If the A/C unit does not operate, contact HVAC technician for repair and evaluation. ![]()
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