(a) Incorporation of forms. Each of the Standard Flood Insurance Policy forms included in appendix “A” hereto (General Property, Dwelling, and Residential Condominium Building Association) and by reference incorporated herein shall be incorporated into the Standard Flood Insurance Policy.
(b) Endorsements. All endorsements to the Standard Flood Insurance Policy shall be final upon publication in the Federal Register for inclusion in appendix A.
(c) Applications. The application and renewal application forms utilized by the National Flood Insurance Program shall be the only application forms used in connection with the Standard Flood Insurance Policy.
(d) Waivers. The Standard Flood Insurance Policy and required endorsements must be used in the Flood Insurance Program, and no provision of the said documents shall be altered, varied, or waived other than by the express written consent of the Federal Insurance Administrator through the issuance of an appropriate amendatory endorsement, approved by the Federal Insurance Administrator as to form and substance for uniform use.
(e) Authorized only under terms and conditions established by the Act and Regulation. The Standard Flood Insurance Policy is authorized only under terms and conditions established by Federal statute, the program's regulations, the Federal Insurance Administrator's interpretations, and the express terms of the policy itself. Accordingly, representations regarding the extent and scope of coverage that are not consistent with Federal statute, the program's regulations, the Federal Insurance Administrator's interpretations, and the express terms of the policy itself, are void.
(f) Agent acts only for policyholder. The duly licensed property or casualty agent acts for the policyholder and does not act as agent for the Federal Government, the Federal Emergency Management Agency, the Write Your Own (WYO) program participating insurance company authorized by part 62 of this chapter, or the NFIP servicing agent.
(g) Oral and written binders. No oral binder or contract will be effective. No written binder will be effective unless issued with express authorization of the Federal Insurance Administrator.
(h) The Standard Flood Insurance Policy and endorsements may be issued by private sector Write Your Own (WYO) property insurance companies, based upon flood insurance applications and renewal forms, all of which instruments of flood insurance may bear the name, as Insurer, of the issuing WYO company. In the case of any Standard Flood Insurance Policy, and its related forms, issued by a WYO company, wherever the names “Federal Emergency Management Agency” and “Federal Insurance and Mitigation Administration” appear, a WYO company must substitute its own name therefore. Standard Flood Insurance Policies issued by WYO companies may be executed by the issuing WYO company as Insurer, in the place and stead of the Federal Insurance Administrator, but the risk of loss is borne by the National Flood Insurance Fund, not the WYO company.
[43 FR 2570, Jan. 17, 1978. Redesignated at 44 FR 31177, May 31, 1979, as amended at 44 FR 62517, Oct. 31, 1979; 48 FR 46791, Oct. 14, 1983; 58 FR 62424, Nov. 26, 1993; 85 FR 43959, July 20, 2020]
Notes of Decisions
Allen B. Suopys v. Omaha Prop. & Cas., 404 F.3d 805 (3rd Cir. 2005).
· cites it 5× “A (2003) and is incorporated into the Code of Federal Regulations by reference at 44 C.F.R. § 61.13 (a) (2003). The SFIP and all disputes arising from the handling of any claim under the policy are governed by the flood insurance regulations promulgated by FEMA, the National…”
Dwyer v. Fid. Nat'l Prop. & Cas. Ins., 565 F.3d 284 (5th Cir. 2009).
· cites it 3× “The Federal Emergency Management Agency (“FEMA”) administers the program and has established, by regulation, the Standard Flood Insurance Policy (“SFIP”), 44 C.F.R. § 61.13 . SFIPs may be purchased either directly from FEMA or through private insurers.”
Messa v. Omaha Prop. & Cas. Ins., 122 F. Supp. 2d 523 (D.N.J. 2000).
· cites it 2× “” WYO Program companies issue SFIPs in their names, 44 C.F.R. §§ 61.13 (f), 62.23(a), and collect premiums in segregated accounts from which they pay claims and make necessary refunds under those policies.”
M.D. Phelps & Irene K. Phelps v. Fed. Emergency Mgmt. Agency, 785 F.2d 13 (1st Cir. 1986).
· cites it 2× “44 C.F.R. § 61.13 (d) (1979) provided that: The Standard Flood Insurance Policy and required endorsements must be used in the Flood Insurance Program, and no provision of the said documents shall be altered, varied, or waived other than through the issuance of appropriate…”
McGair v. Am. Bankers Ins., 693 F.3d 94 (1st Cir. 2012).
· cites it 3× “See 44 C.F.R. § 61.13 (d). Thus, by regulation, the McGairs’ policy must be an SFIP and include the limitations on coverage contained therein.”
Wright v. Allstate Ins., 415 F.3d 384 (5th Cir. 2005).
“' II SFIP policies require that insureds asserting a claim file a POL within 60 days, subject to -such extensions as FEMA may approve, listing “the actual cash value ... of each damaged item of insured property .”
Gibson v. Am. Bankers Ins., 91 F. Supp. 2d 1037 (E.D. Ky. 2000).
· cites it 5× “§§ 4001-4127 ; 44 C.F.R. § 61.13 (f) (1993). See also Berger v.”
Bull v. Allstate Ins. Co., 649 F. Supp. 2d 529 (W.D. La. 2009).
· cites it 6× “Alstate directs the Court to 44 C.F.R. § 61.13 (e) which states that “No oral or written binder shall be effective unless issued with express authorization of the administrator.”
Alex W. Newton v. Capital Assurance Co., Inc., 245 F.3d 1306 (11th Cir. 2001).
“WYO companies may issue policies in theft own names (as Capital issued Newton’s) rather than in that of FEMA or the United States, see 44 C.F.R. § 61.13 (f), and they may use theft own, individual “customary business practices”, id.”
— 44 C.F.R. § 61.13(a) — 1 case
Gibson v. Am. Bankers Ins., 91 F. Supp. 2d 1037 (E.D. Ky. 2000).
“§§ 4001-4127 ; 44 C.F.R. § 61.13 (f) (1993). See also Berger v.”
— 44 C.F.R. § 61.13(f) — 3 cases
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