Pecarovich

ORDER RE: DEFENDANT’S (1) MOTION FOR JUDGMENT ON THE PLEADINGS and (2) MOTION FOR SUMMARY JUDGMENT

Allstate Insurance Company’s (“Defendant’s”) motions for judgment on the pleadings and for summary judgment came on regularly for hearing on July 14, 2003. After considering the materials submitted by the parties, argument of counsel and the case file, the Court hereby GRANTS Defendant’s Motion for Judgment on the Pleadings and GRANTS Defendant’s Motion for Summary Judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

Richard Pecarovich (“Plaintiff’) brought suit on a Standard Flood Insurance Policy (“SFIP”) issued by Defendant pursuant to the National Flood Insurance Act (the “NFIA”). (See PL’s Stmnt. in Resp. to Def.’s Stmnt. of Uneontr. Facts (“Facts”), ¶ 1.) The SFIP was in effect from August 21, 1997 to August 21, 1998 and covered Plaintiffs home, located at 1323 Morning-side Drive in Laguna Beach, California (“the Property”). (Id. ¶¶ 2, 3.) As a result of damage the Property sustained, Plaintiff submitted a claim to Allstate under the SFIP for over $200,000. (Id. ¶ 5.)

The parties are in dispute over Plaintiffs compliance with the SFIP’s proof of loss requirements. (Id. ¶ 6.)…