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NEUSER v. HOCKER

No. 99-1999.

246 F.3d 508 (2001)

Richard A. NEUSER, Plaintiff, v. Nancy S. HOCKER; Hocker-Frick Agency, Inc., a Michigan Corporation, Defendants/Third Party Plaintiffs-Appellants, Auto Owners Insurance Company, Third Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 14, 2001.

Attorney(s) appearing for the Case

ARGUED: John E. DeWane, BUTZBAUGH & DeWANE, St. Joseph, MO, for Plaintiff.

Gerald J. Neilsen, NEILSEN LAW FIRM, Metairie, LA, for Third party-Appellee.

ON BRIEF: Michael J. Miller, William R. Bates, NY, TIDERINGTON & MILLER, Kalamazoo, MI, for Defendants-Appellants.

Gerald J. Neilsen, NIELSEN LAW FIRM, Metairie, LA, for Third party-Appellee.

Before: NELSON and MOORE, Circuit Judges; WILHOIT, District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

NELSON, Circuit Judge.

Richard Neuser's house fell into Lake Michigan after the bluff on which it sat eroded away. Mr. Neuser had purchased a flood and erosion insurance policy issued pursuant to the National Flood Insurance Act, 42 U.S.C. §§ 4001 et seq., but he failed to file a claim under the policy within the required 60-day period. After his claim was barred, Mr. Neuser sued his insurance...

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