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PHELPS v. FEDERAL EMERGENCY MANAGEMENT AGENCY

No. 85-1591.

785 F.2d 13 (1986)

M.D. PHELPS and Irene K. Phelps, Plaintiffs, Appellees, v. FEDERAL EMERGENCY MANAGEMENT AGENCY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 28, 1986.

Attorney(s) appearing for the Case

Evan Slavitt, Asst. U.S. Atty., Boston, Mass., with whom William F. Weld, U.S. Atty., Boston, Mass., was on brief, for defendant, appellant.

Robert Sweeney Troy, Buzzards Bay, Mass., for plaintiffs, appellees.

Before COFFIN, Circuit Judge, ALDRICH and ROSENN, Senior Circuit Judges.

ROSENN, Circuit Judge.

This appeal raises the troublesome question whether a government insurance agency is barred from asserting as a defense the failure of its insured to file a written proof of loss when misrepresentations of the agency induced the failure. Our specific task is to determine whether, under the circumstances we have here, the insurer's status as a federally subsidized agency precludes the application of traditional estoppel against it.

Because...

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