This story is reprinted with permission from FC&&S Legal, the industry'sonly comprehensive digital resource designed for insurancecoverage law professionals. Visit the website to subscribe.

A homeowner from Long Island is suing the Federal Emergency Management Agency (FEMA), variousFEMA officials, and Wright National Flood Insurance Company, seekingpayment of his Superstorm Sandy claim through FEMA's SuperstormSandy Claims Review (SCR) process. Unhappy with what he said he hasbeen offered under the SCR, the homeowner alleged in his lawsuitthat the defendants' actions were “indefensible, arbitrary,capricious, and directly contrary” to his rights.

The complaint

David Clutter alleged in his complaint that he had purchasedflood insurance on his home in Long Beach, N.Y., from Wright Flood,which had issued a flood insurance policy to him under the National Flood Insurance Program (NFIP). He contendedthat his home suffered “severe flood damage” when Superstorm Sandystruck on Oct. 29, 2012, causing “massive damage” to his home'sfoundation.

Clutter filed a claim with Wright, but contended that itunderpaid his Superstorm Sandy claim by more than $160,000.

Clutter said that he participated in the SCR, which reopened hisSuperstorm Sandy claim for FEMA review.

He alleged that, in its review of his Superstorm Sandy claim aspart of the SCR, FEMA determined that the damage to foundation ofhis property had not been caused by Superstorm Sandy, but byHurricane Irene, in 2011.

Related: Couple sues FEMA over refusal to review Sandydamage claims

Damage from Hurricane Irene?

According to Clutter, FEMA and Wright had adjusted his floodinsurance claim following Hurricane Irene, too, and they had found“no foundation damage to Mr. Clutter's foundation when hesubmitted his claim for Irene damage in 2011.” Indeed, Cluttercontended, FEMA and Wright had not paid Clutter “a penny forfoundation damage after Irene.”

Clutter's complaint also contended that FEMA and Wright hadconceded that they owed Clutter at least $26,901.13 — but that theyhad refused to pay him that amount unless he waived his right topursue the balance of what he contended he was owed.

He sued for breach of contract (against Wright and FEMA'sadministrator, William B. Long) and relief under the AdministrativeProcedure Act (against FEMA; Long; FEMA's deputy associateadministrator, Roy E. Wright; FEMA's assistant administrator, DavidMaurstad, and FEMA's director for Sandy claims, Matthew Behnke). Heis seeking judgment for $168,175.63 or, in the alternative, anorder directing FEMA to process his proof of loss for $26,901.13and allow him a “new SCR neutral review hearing” before an“impartial third party.”

Additionally, Clutter is seeking attorneys' fees and costs underthe Equal Access to Justice Act.

The case is Clutter v. Long, No. 17-cv-4833(E.D.N.Y.).

Related: N.Y. real estate management firm denied $3M inSandy insurance coverage

Steven A. Meyerowitz, Esq., is the director of FC&S Legal,the editor-in-chief of the Insurance Coverage Law Report, and thefounder and president of Meyerowitz Communications Inc. Email himat [email protected].