Richard H. Brazil v. Louis O. Giuffrida, Director, Federal Emergency Management Agency

Richard H. Brazil brought an action in district court against the Federal Emergency Management Agency (Agency) and its director, Louis 0. Giuffrida, seeking compensation for loss under a federal flood insurance policy. The district court granted the Agency’s cross motion for summary judgment, finding that coverage under the policy had lapsed prior to the loss. For reasons set forth below, we affirm the district court’s decision.

FACTS AND PROCEEDINGS

Appellant Brazil carried flood insurance under the National Flood Insurance Program (Program) for a dwelling he owned. National Flood Insurance Act, 42 U.S.C. §§ 4001 et seq. The policy was the Standard Flood Insurance Policy, Dwelling Form (policy), which appears in its current version at 44 C.F.R. § 61 , App. A(l) (1988). The applicable policy provides, with respect to renewal that:

47 Fed.Reg. 19142, 19146 11G (1982) [an amended codification appears at 44 C.F.R. § 61 , App. A(l) (1983) ], and further that it would not be renewed nor would coverage continue into any successive policy term Id. Thus, where renewal was timely, continuous coverage would be provided without a gap.

Program regulations, incorporated by reference as…