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The National Flood Insurance Program (NFIP) is not the same as commercial insurance. Every claim that is paid, is eventually paid by the U.S. Treasury. Therefore, federal courts are obligated to strictly construe NFIP policies as required by the NFIP statutes. Since an NFIP policy is also a type of insurance the insured is required to deal fairly and in good faith with the insurer and the U.S. Government.
In
Migliaro v. Fid. Nat’l Indem. Ins. Co., 880 F.3d 660 (3rd Cir. 2018) the Third Circuit was called upon to determine whether the rejection of a policyholder’s proof of loss constituted a “written denial of all or part of the claim,” thereby triggering the one-year private limitations of action that is set forth in every Standard Flood Insurance Policy (“SFIP”) and if so, whether a suit filed two years after the letter could be maintained.