Wagner

DECISION

STATEMENT OF MATERIAL FACTS WITHOUT SUBSTANTIAL CONTROVERSY AND CONCLUSIONS OF LAW

I. INTRODUCTION

This is an action for breach of an insurance contract arising out of the denial of plaintiffs’ claims for damage to their homes covered by a flood insurance policy administered by the Federal Emergency Management Agency (“FEMA”), an agency of the Federal Government. Plaintiffs here are homeowners in the Big Rock Mesa area of Malibu, Los Angeles County, California. Plaintiffs allege that they have suffered substantial damage to their homes and underlying properties due to a landslide which was reactivated and particularly aggravated by severe storms and flooding — a virtual deluge — during the winter of 1982-1983. Plaintiffs were insured against all “direct physical loss by flood” to their dwellings and personal property under the Standard Flood Insurance Policy (“SFIP”) issued to each of them pursuant to the National Flood Insurance Program (“NFIP”).

Plaintiffs assert that the damage to their properties from the Big Rock Mesa landslide are losses covered by the SFIP and that FEMA is thereby liable to them for the maximum limits of their respective policies. Although…