Zozo Investments LLC v. First Community Insurance Company

── Zozo Investments LLC v. First Community Insurance Company ── Court: Court of Appeals for the Eleventh Circuit Date: April 15, 2026 Category: NEW USCA11 Case: 25-12492 Document: 20-1 Date Filed: 04/15/2026 Page: 1 of 9 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 25-12492 Non-Argument Calendar ____________________ ZOZO INVESTMENTS LLC, BERTIE & NEEKA LLC, Foreign Limited Liability Companies, Plaintiffs-Appellants, versus FIRST COMMUNITY INSURANCE COMPANY, a Florida corporation, Defendant-Appellee. ____________________ Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 2:24-cv-00939-JLB-KCD ____________________ Before NEWSOM, ABUDU, and ANDERSON, Circuit Judges. PER CURIAM: USCA11 Case: 25-12492 Document: 20-1 Date Filed: 04/15/2026 Page: 2 of 9 2 Opinion of the Court 25-12492 Zozo Investments LLC and Bertie & Neeka LLC (together, “Zozo”) own a property in Fort Myers Beach, Florida. The prop- erty was insured under the federal government’s National Flood Insurance Program and carried by First Community Insurance Company (First Community). After Zozo’s property sustained flood damage from Hurri- cane Ian, Zozo submitted a claim to First Community. First Com- munity initially issued Zozo a check for the damages but, a few months later, stopped payment and withdrew the funds from Zozo’s account. On March 13, 2023, First Community mailed Zozo a letter denying its claim. Zozo subsequently sent First Com- munity a sworn proof of loss to appeal the denial. On October 19, 2023, First Community mailed Zozo a second letter denying its claim. On October 4, 2024, less than a year after the second denial letter, but more than a year after the first, Zozo filed suit in federal district court to challenge First Community’s denial of its claim. The question is whether Zozo’s suit is time-barred by 42 U.S.C. § 4072. Under Section 4072, claimants have the right to chal- lenge the denial of “any claims for proved and approved losses” within one year after notice of the denial is mailed. 42 U.S.C. § 4072. The answer hinges on whether Zozo’s loss was “proved” under Section 4072 at the time First Community mailed the first denial letter, before Zozo submitted its sworn proof of loss. If so, then Zozo’s suit is time-barred because more than a year would have elapsed between First Community’s denial and the filing of Zozo’s complaint. If, however, a sworn proof of loss is required USCA11 Case: 25-12492 Document: 20-1 Date Filed: 04/15/2026 Page: 3 of 9 25-12492 Opinion of the Court 3 for a loss to be “proved” under Section 4072, then the statute of limitations was triggered only when First Community mailed its second denial letter, so Zozo’s suit can proceed. The district court adopted the first theory: Zozo’s loss was “proved” without a sworn proof of loss, so its suit is barred by Sec- tion 4072. The court dismissed Zozo’s suit with prejudice. After careful consideration, we AFFIRM. I A “Congress enacted the National Flood Insurance Act of