Zozo Investments LLC Bertie & Neeka LLC Foreign Limited Liability Companies v. First Community Insurance Company a Florida corporation
Zozo Investments LLC Bertie & Neeka LLC Foreign Limited Liability Companies v. First Community Insurance Company a Florida corporation
April 15, 2026·2:24-cv-00939-JLB-KCD·Per Curiam·By Maria Santos
The Eleventh Circuit affirmed a district court dismissal of a flood insurance claim suit filed more than a year after the insurer's initial denial. The court held that a claim is considered proved under the National Flood Insurance Act when an adjuster's report is accepted, even without a sworn proof of loss.
Background
Zozo Investments LLC and Bertie & Neeka LLC owned property in Fort Myers Beach, Florida, insured under the National Flood Insurance Program. After Hurricane Ian caused flood damage, the insurer initially issued a check but later stopped payment and denied the claim. The insurer sent a first denial letter in March 2023 and a second denial letter in October 2023 after Zozo submitted a sworn proof of loss. Zozo filed suit in October 2024, more than a year after the first denial but within a year of the second.
The court’s reasoning
The court analyzed 42 U.S.C. Section 4072 and Federal Emergency Management Agency regulations. It determined that the statute allows claims to be proved and approved based on an adjuster’s report, which the insurer is required to accept under emergency bulletins issued after Hurricane Ian. The court found that Zozo’s claim was proved and approved when the insurer initially disbursed funds based on the adjuster’s report. Therefore, the one-year statute of limitations began running from the first denial letter, making the subsequent lawsuit time-barred.
What it means going forward
Policyholders must file suit within one year of the initial denial letter if the claim was proved by an adjuster’s report, even if they have not yet submitted a sworn proof of loss or if the insurer later requests one.
