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SCRITCHFIELD v. MUTUAL OF OMAHA INS. CO.

Civil Action No. 1:04-CV-116.

341 F.Supp.2d 675 (2004)

Kirk SCRITCHFIELD and Melissa Scritchfield, Plaintiffs, v. MUTUAL OF OMAHA INSURANCE COMPANY, Omaha Property and Casualty Insurance Company, Defendants.

United States District Court, E.D. Texas, Beaumont Division.

October 25, 2004.

Attorney(s) appearing for the Case

John Stephen Morgan, Lindsay & Morgan, PLLC, Beaumont, TX, for Plaintiffs.

Keith B. Letourneau, Bell Ryniker Letourneau & Nork, Houston, TX, for Defendants.

MEMORANDUM AND ORDER ON DEFENDANTS' MOTION TO DISMISS

CLARK, District Judge.

I. BACKGROUND

Plaintiffs Kirk and Melissa Scritchfield are owners of a Standard Flood Insurance Policy ("SFIP") issued by Defendants Mutual of Omaha Insurance Co. and Omaha Property and Casualty Insurance Co pursuant to the National Flood Insurance Act, 42 U.S.C. § 4001 et seq ("NFIA"). Their house was flooded on two separate occasions and Defendants...

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