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Thomas L. Moffett, Ii, et al. v. Computer Sciences Corporation

January 13, 2011

THOMAS L. MOFFETT, II, ET AL. PLAINTIFFS,
v.
COMPUTER SCIENCES CORPORATION, ET AL. DEFENDANTS.



The opinion of the court was delivered by: Dennis M. Sweeney Special Master

REPORT AND RECOMMENDATION CONCERNING THE WAIVER CLAIM OF PAMELA FILLING-BONNER

This constitutes the Report and Recommendation to the Court concerning the waiver claim of Pamela Filling-Bonner*fn1 pursuant to Part 1.f of the Memorandum Order of the Court (Document 467). In preparing this report, the Special Master reviewed the motions, memoranda, affidavits and exhibits provided in connection with the process specified in the Memorandum Order. As necessary, the Special Master also reviewed other documents that are part of the Court filings in this case. The Special Master was also provided by the Federal Emergency Management Agency ("FEMA") the computer disc of the "appropriate documents of record" for this claim, as specified in Part 1.a of the Memorandum Order. In this case, the documents consist of 262 pages labeled FEMA-000001 to 000262.

I. Background

Plaintiff's property located at 6920 Gunder Avenue, Baltimore, Maryland, was insured by State Farm Fire and Casualty Insurance Company ("State Farm") under Policy Number 2190RA0313-4 for $198,300.00 in dwelling coverage, subject to a $1,000.00 deductible. See FEMA-0000005. This home was a two-story single-family structure originally constructed in July 1935; see FEMA-000100.

On September 19, 2003, Hurricane Isabel struck the Middle Atlantic States, including Maryland, causing severe flooding. See FEMA-000092. As a result, Plaintiff's covered property was damaged. Id.

On October 16, 2003, Plaintiff filed the first Proof of Loss ("POL") for $31,893.31, and State Farm paid her that amount. See FEMA-000005, FEMA-000112 and FEMA-000120. On November 19, 2003, Plaintiff claimed the maximum amount under ICC coverage of $30,000.00. See FEMA-000140. On November 22, 2003, State Farm made an initial payment to Plaintiff of $10,000.00 for the ICC claim; see FEMA-000111.

On December 9, 2003, Plaintiff submitted a second POL increasing the building damages claim to $43,636.55. See FEMA-000119. This was an increase of $11,743.24 over the amount previously paid. State Farm issued Plaintiff a check for $11,743.24. See FEMA-000108.

On December 9, 2003, Plaintiff submitted a supplemental claim for replacement coverage under her SFIP ("Standard Flood Insurance Program") coverage for $16,012.74. See FEMA-000119. On April 12, 2004, State Farm issued a check for $36,012.74, which was the $16,012.74 plus the balance of $20,000.00 for the ICC claim. See FEMA-000106.

Plaintiff sought review by the Hurricane Isabel Task Force ("Task Force"). On June 4, 2004, Plaintiff was notified that the Task Force found additional eligible damages and that she was entitled to a further payment of $10,916.47. See FEMA-000092 and FEMA-000093. As a result of the Task Force's findings, Plaintiff was provided with a supplemental POL for $10,916.47. See FEMA-000095 and FEMA-000096.

On August 12, 2004, State Farm paid the supplemental amount of $10,916.47. See FEMA-000005. Plaintiff was therefore paid a total of $70,565.76 for building damages plus an additional $30,000.00 under the ICC provision of her policy. See FEMA-0000005. Plaintiff decided not to elevate the current residence, but to demolish it and build a new house. See FEMA-000005 and FEMA-000099.

Plaintiff concedes she was paid in full on the timely-submitted POL's that were approved by FEMA, and did not seek any additional compensation by means of a POL submission following the Task Force review until she submitted her waiver application in February 2008. See FEMA-000005.

II. Waiver Claim and Denial

On February 25, 2008, Plaintiff submitted an application for a waiver; see FEMA-000001 through FEMA-000009. Plaintif claimed a shortfall of $76,778.15. FEMA-000005 and 000028. On July 31, 2008, Plaintiff's waiver ...


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