National Flood Program

The National Flood Insurance Program has been subject to abuse by those in charge of its claims operation. Examples of this are found in previous blog posts, New Jersey Senator Menendez Calls for Investigation into Manipulated Expert Reports, and Senators Launch Sandy Task Force in Washington, DC. A November 2021 Press Release by Senator Menendez called for National Flood Program reform through new legislation and noted in part:
Continue Reading Are Some Managers Running the National Flood Insurance Program Corrupt?

Federal common law interpreting the rules and regulations of the National Flood Program is usually not helpful to policyholders. It has truly become a situation where technical, literal rules are followed to the letter of the law rather than any intent or spirit for why the rule was written. In this “form over substance” common law, which federal judges feel compelled to follow, an important lesson is to follow those rules in an exacting manner or risk losing insurance benefits. One recent case held that an attorney at law, while acting with authority for the client, cannot sign the proof of loss form for the policyholder client.1
Continue Reading Policyholders and Not Their Attorneys Need to Sign Flood Proof of Loss Forms

With hurricane season nearing fast, now is the time to check up on your insurance policy to determine whether you are covered on all fronts. Standard homeowners insurance policies do not cover damage from flooding, meaning policyholders are required to obtain supplemental flood insurance to protect their home against potential storm surges. While most policyholders obtain flood insurance through the National Flood Insurance Program, there are private insurer options available to those looking for another option.
Continue Reading Hurricane Season Is Near – Preparing For Flood Claims

The National Flood Insurance Program is a tough federal insurance program. There is a recent case which was thrown out of court because the policyholder tried to do it himself. [1] It is another example that when FEMA officials say the government Is there to help with your flood claim, you will find out differently very quickly if you disagree with them on anything.
Continue Reading Policyholders Should Immediately Get Professional Help if they Have Any Problems with their National Flood Insurance Claim

Hurricane and Tropical Storm Eta has left a flood claims hangover from Florida throughout the Carolinas. Since the National Flood Insurance program administrators appear to be stingy and failing to watch out for their fellow Americans by not granting flood proof of loss extensions, policyholders need to get started properly filing their claims right away.
Continue Reading Storm Eta Leaves a Flood Claim Hangover and Do Not Forget Lake Charles — Tune In For Friday at 2 PM

The National Flood Insurance Program (“NFIP”) permits an insured to file a supplemental Proof of Loss that adds or changes an earlier submitted version. To be valid, the supplemental Proof of Loss must be filed within 60 days of the loss. No exception allows the insured to submit a supplemental Proof of Loss after the 60 days, even if the insured later determines that the flood damage it sustained exceeds the amount stated in the original Proof of Loss.
Continue Reading Can an Insured Submit a Supplemental Flood Proof of Loss If the Insurer Has Already Paid the Initial Proof of Loss?

In Northgate Country Club Management, LLC v. Philadelphia Indemnity Insurance Company,1 the Honorable Sim Lake, Senior Judge for the United States District Court for the Southern District of Texas, reaffirmed this past week the critical rule that in a FEMA flood case, the requirement for a policyholder to file a proof of loss cannot be waived even by a carrier that participates in a claim. With the hurricane and tropical season upon us along the Gulf Coast, a reminder of this mandatory rule is relevant.
Continue Reading Can the Proof of Loss Requirement Be Waived in a Flood Case?

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?

The time is now to button up those flood claims. The deadline for submission of the sworn statement of a Hurricane Michael flood loss, known as the Proof of Loss (‘POL”), is 365 days from the date of loss,1 which is October 10, 2019, for those in the Panhandle of Florida. The POL is the policyholder’s sworn statement for the amount of insurance proceeds requested under the Standard Flood Insurance Policy (“SFIP”).
Continue Reading Hurricane Michael NFIP Proof of Loss Deadline Approaches