The Federal Arbitration Act is being raised in more court proceedings as pre-empting state common law regarding appraisal. I noted this last month in Is Appraisal an Arbitration Under the Federal Arbitration Act?
The reaction and calls from those involved with appraisal to the post, Is Appraisal Governed Under the Federal Arbitration Act? have generated a great deal of concern. The emotion was near panic from those who make a living as appraisers asking how to get approved as an arbitrator. Others simply asked what does this practically mean—will the process change…
Continue Reading If Appraisal Is Governed by the Federal Arbitration Act, What Is the Process?
In an historic win for American consumers and workers, on September 20, 2019, the U. S. House of Representatives passed H.R. 1423, the Forced Arbitration Injustice Repeal or FAIR Act,1 by a vote of 225 to 186. This groundbreaking bill could be the beginning of the demise of the remedy-stripping, rights-stomping, forced arbitration clauses in contracts of adhesion. Arbitration is often referred to an alternative dispute resolution—meaning an alternative to the litigation of a dispute. …
Continue Reading Is It the Beginning of the End for Forced Arbitration Clauses? Let’s Hope
A recent Southern District of Florida decision addressed this issue.1
A property in Islamorada, Florida, which was owned by the estate of Raymond K. Hampson, was damaged by Hurricane Irma in September 2017. The personal representative for the estate, Timothy R. Hampson (“Hampson”) made a claim for damages under the standard flood insurance policy (“SFIP”) covering the property. When Hampson sued Wright National Flood Insurance Company, a Write Your Own (“WYO”) carrier, for breach of the insurance contract, Hampson also sought an award of attorney’s fees, costs and case expenses under the Equal Justice to Access Act (the “EAJA”), 28 U.S.C. § 2412.
Continue Reading Recovery of Attorney’s Fees in Federal Flood Cases Under the Equal Access to Justice Act?
Congress must periodically renew the NFIP’s statutory authority to operate. On Dec. 21, 2018, the President signed legislation passed by Congress that extends the National Flood Insurance Program (NFIP) authorization to May 31, 2019.
Continue Reading NFIP’s Future?
I recently wrote about the short-term extension that halted the potential expiration of the National Flood Insurance Program (NFIP) set for November 30, 2018. Following that post, the NFIP was extended by Congress until December 21, 2018, and a lapse was averted.
Continue Reading NFIP Authorization Extended Until May 31, 2019, But Flood Program Could Be Disrupted By Government Shutdown
August 1, 2018, commemorates the 50th anniversary of the National Flood Insurance Act of 1968. The National Flood Insurance Program (“NFIP”) will expire on July 31, 2018, unless it’s reauthorized by Congress in the next few days.
Continue Reading NFIP Expiration and FEMA’s Moonshots
Currently, policies of insurance for flood, even if purchased through your insurance agent or normal insurance company, are Federal Flood Insurance Policies issued through the National Flood Insurance Program, if your community is participating in the NFIP. Because the program is federally subsidized, homeowners on floodplains are able to purchase the polices at rates much lower than the underlying risk. As such, the NFIP is approximately $25 billion in debt.
Continue Reading White House Proposes Changes to the National Flood Insurance Program
It’s not an April Fools’ joke; flood insurance premiums will begin to increase today. The increased premiums are happening now as part of the Flood Insurance Relief Bill that was signed last year in response to the increased flood premiums that were being sent to policyholders under the Biggert-Waters Flood Insurance Reform Act of 2012.…
In my post last week, I mentioned that the National Flood Insurance Program will implement certain changes which go into effect on June 1, 2014. The changes are primarily a result of the Biggert-Waters Flood Insurance Reform Act of 2012 (BW-12). The Federal Emergency Management Agency (FEMA) published a summary of the changes in WYO Bulletin W-13070, dated December 16, 2013.…