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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 ALVIN COOK

This constitutes the Report and Recommendation to the Court concerning the waiver claim of Alvin Cook 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 152 pages labeled FEMA-000001 to 000152.

I. Background

Plaintiff's property located at 9008 Hinton Avenue, Baltimore, Maryland, was insured by Allstate Insurance Company ("Allstate") under Policy Number 0807536800 with $116,000.00 in building coverage subject to a $5,000.00 deductible. See FEMA-000005, FEMA-0000038 and FEMA-000078. On September 19, 2003, Hurricane Isabel struck the Middle Atlantic states, including Maryland, causing damage to Plaintiff's covered property. Id.

On September 26, 2003, Plaintiff notified Allstate of his loss. See FEMA-000152. On October 1, 2003, an independent adjuster inspected the loss; FEMA-000143. On October 6, 2003, Allstate issued an advance loss payment of $5,000.00. See FEMA-000145 and FEMA-000146. On October 16, 2003, Allstate issued a second advance loss payment of $5,000.00; see FEMA-000148 and FEMA-000149.

On October 23, 2003, Plaintiff submitted a Proof of Loss ("POL") to Allstate for a net claim of $38,927.77, after application of the $5,000.00 deductible, for damage to this building. See FEMA-000063. On October 31, 2003, Allstate paid this amount in full with a check for $28,927.77 for the claim minus the two advance payments of $5,000.00 referenced above. See FEMA-000076.

Plaintiff submitted a third undated supplemental claim for an additional $10,735.92 for recoverable depreciation. See FEMA-000066. On April 19, 2004, Allstate issued a check for $10,735.92. See FEMA-000105. Plaintiff agrees this payment was made; see FEMA-000005.

Plaintiff sought review by the Hurricane Isabel Task Force ("Task Force"). There was a question of whether the "detached garage" was actually an apartment, which would not qualify for compensation. See FEMA-000038. On July 1, 2004, the Task Force determined Plaintiff could be compensated $11,600.00 for the "detached garage." Id.

On July 13, 2004, a supplemental POL was approved in accordance with the Task Force recommendation in the amount of $11,600.00. See FEMA-000038 and FEMA-000091. As a result, on July 26, 2004, Allstate issued a check for $11,600.00; s FEMA-000088.

Plaintiff submitted a final supplemental POL for Increased Cost of Compliance ("ICC") coverage as provided by his Standard Flood Insurance Policy ("SFIP") coverage in the amount of $29,781.00, and was paid this amount in full. See FEMA-000005.

Plaintiff was paid a total of $61,263.69 under his building coverage after application of the $5,000.00 deductible plus $29,781.00 under his ICC coverage; see totals from above. Plaintiff's calculation for his total building payment of $56,263.69 (see FEMA-000005) is off by $5,000.00 because Plaintiff did not include the payment of $5,000.00 issued by Allstate on October 6, 2003. See FEMA-000145.

II. Waiver Claim and Denial

On February 25, 2008, Plaintiff submitted a waiver application. See FEMA-000001 through FEMA-000009. Plaintiff claimed a shortfall of $52,054.55. FEMA-000005 and 000021. On August 18, 2008, Plaintiff's waiver application was denied because the waiver application was untimely and there was no direct physical loss caused by or from flood ...


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