Moore v. Federal Emergency Management Agency

Court: SD Tx  08/06/2019  District Court Dismisses Flood Insurance Dispute because of Insured's Failure to Effectuate Proper Service and Failure to Name the Proper Defendant

The court found that the insured was obligated to serve the U.S. Attorney for the Southern District of Texas within ninety days of filing of his complaint and failed to do so. Additionally, under the National Flood Insurance Program, the insured had to sue the Administrator for FEMA not FEMA itself.

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motion to dismissRule 12(b)(6)flood insuranceinsufficient service of processRule 12(b)(5)failure to state a claim upon which relief can be grantedtimely serviceRule 4breach of contract

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