123445P.pdf   11/21/2013  Glenn Gunter  v.  Farmers Insurance Company
   U.S. Court of Appeals Case No:  12-3445
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Murphy, Author, with Melloy and Shepherd, Circuit Judges] 
   Civil Case - National Flood Insurance. District court properly dismissed 
   claims for specific performance, unjust enrichment, and bad faith under 
   their Standard Flood Insurance Policy as preempted by the National Flood 
   Insurance Act. In addition, extracontractual claims brought under federal 
   common law are also preempted. The district court properly quashed the 
   jury request. The district court's grant of summary judgment to the 
   insurers is affirmed, as the Gunders failed to file a supplemental proof 
   of loss and thus failed to satisfy the prerequisites of suing on their 
   additional claims after their home was deemed uninhabitable. Compliance 
   with the requirements must be strictly construed. Estoppel and duress 
   arguments failed; doctrine of repudiation does not apply, and due process 
   is not violated. Summary judgment in favor of supplemental insurance 
   carrier is also affirmed, as coverage is not available because exhaustion 
   of primary policy is first required.