Federal common law interpreting the rules and regulations of the National Flood Program is usually not helpful to policyholders. 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. 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. 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.1
Continue Reading Policyholders and Not Their Attorneys Need to Sign Flood Proof of Loss Forms
