4-MALI LLC v. Bankers Insurance Co.

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS December 11, 2003 Charles R. Fulbruge III FOR THE FIFTH CIRCUIT Clerk _____________________ No. 03-30460 _____________________ 4-MALI L.L.C., Plaintiff-Appellant, versus BANKERS INSURANCE CO., Defendant-Appellee. __________________________________________________________________ Appeal from the United States District Court for the Western District of Louisiana USDC No. 01-CV-1184 _________________________________________________________________ Before GARWOOD, JOLLY and CLEMENT, Circuit Judges. PER CURIAM:* 4-Mali L.L.C. (“4-Mali”) appeals the district court’s judgment dismissing its complaint claiming flood insurance coverage. The district court held that 4-Mali’s claims were not covered by a Standard Flood Insurance Policy (“SFIP”), and that, in any event, 4-Mali had failed to comply with the SFIP’s procedural requirements. We hold that the district court did not err in finding that 4-Mali’s failure to provide a proof of loss statement within sixty days of the flood precludes coverage. See Gowland v. * Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Aetna, 143 F.3d 951, 953-54 (5th Cir. 1998). As such, we need not evaluate the scope of the SFIP’s coverage. The judgment of the district court is therefore AFFIRMED.