FEMA lawsuit over unsettled claims moves to federal court

A lawsuit filed against the Federal Emergency Management Agency by a suburban Philadelphia window cleaning business over allegations of nonpayment of flood insurance claims has been moved from Philadelphia’s Common Pleas Court to federal court.

The Notice of Removal was filed Sept. 1 at the U.S. District Court for the Eastern District of Pennsylvania.

The complaint, which was first filed Aug. 18 by Jenkintown Window Cleaning Co. of Montgomery County, Pa., states that on Aug. 2, the business suffered physical loss and damage at its property, which the plaintiff claims was insured against flooding via FEMA flood policy.

The complaint does not seem to state, however, just what it was specifically that led to the business receiving property damage.

The company claims there is an outstanding bill of $13,950.22 relating to the damages, despite the plaintiff having submitted the claim for reimbursement.

“Notice of the loss was given to Federal Emergency in a prompt and timely manner at all relevant times and Jenkintown fully complied with all of the terms and conditions required by the policy,” the original complaint states.

“Federal Emergency, despite demand for benefits under the policy, has refused, without legal justification or cause, and continues to refuse, to pay to plaintiff all of the monies whatsoever for the damages suffered as a result of the loss.”

The complaint had been filed by Philadelphia attorney Harry P. Begier, Jr.

The removal notice, signed by Zane David Memeger, the U.S. Attorney for the Eastern District of Pennsylvania, states that as per the Federal Rules of Civil Procedure, the matter belongs in federal court as opposed to state court because the defendant is a federal agency.

The federal case number is 2:11-cv-05506-MSG.