4-MALI L L C v. Bankers Insurance Co

* Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
December 11, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 03-30460
_____________________
4-MALI L.L.C.,
Plaintiff-Appellant,
versus
BANKERS INSURANCE CO.,
Defendant-Appellee.
__________________________________________________________________
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 01-CV-1184
_________________________________________________________________
Before GARWOOD, JOLLY and CLEMENT, Circuit Judges.
PER CURIAM:*
4-Mali L.L.C. (“4-Mali”) appeals the district court’s judgment
dismissing its complaint claiming flood insurance coverage. The
district court held that 4-Mali’s claims were not covered by a
Standard Flood Insurance Policy (“SFIP”), and that, in any event,
4-Mali had failed to comply with the SFIP’s procedural
requirements. We hold that the district court did not err in
finding that 4-Mali’s failure to provide a proof of loss statement
within sixty days of the flood precludes coverage. See Gowland v.

-- 1 of 2 --

Aetna, 143 F.3d 951, 953-54 (5th Cir. 1998). As such, we need not
evaluate the scope of the SFIP’s coverage. The judgment of the
district court is therefore
AFFIRMED.

-- 2 of 2 --