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GOWLAND v. AETNA

No. 97-30397.

143 F.3d 951 (1998)

Charles L. GOWLAND; Marguerite C. Gowland, Plaintiffs-Appellants, v. AETNA; Aetna Flood Insurance Program; Aetna Casualty & Surety Co., Defendants, Aetna Casualty & Surety Co., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 25, 1998.

Attorney(s) appearing for the Case

Nicholas F. LaRocca, Jr., Morgan City, LA, for Plaintiffs-Appellants.

Gerald Joseph Nielsen, Nielsen Law Firm, Metairie, LA, for Defendant-Appellee.

Marc Philip Richman, William Kanter, U.S. Dept. of Justice, Civ. Div., App. Staff, Washington, DC, for United States of America, Amicus Curiae.

Before POLITZ, Chief Judge, and HIGGINBOTHAM and DeMOSS, Circuit Judges.

POLITZ, Chief Judge:

Charles and Marguerite Gowland seek to recover benefits under a Standard Flood Insurance Policy issued by Aetna Casualty & Surety Co., under the provisions of the National Flood Insurance Act.1 The district court granted Aetna's motion for summary judgment on the basis that the Gowlands failed to file the requisite sworn proof of loss. Concluding that the Gowlands have failed to conform with mandatory policy provisions...

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