44 C.F.R. § 61.4

Properties in violation of law, regulation, or ordinance

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No new flood insurance or renewal of flood insurance policies will be written for properties declared by a duly constituted State or local zoning or other authority to be in violation of any floodplain, mudslide (i.e., mudflow), or flood-related erosion area management or control law, regulation, or ordinance.

[89 FR 87309, Nov. 1, 2024]
Notes of Decisions
Paul Palmieri, Plaintiff-Appellant-Cross-Appellee v. Allstate Insurance Company, Defendant-Appellee-Cross-Appellant (2006) ca2 · cites it 3× “§ 4071 (a)(1), but they are not general agents. Thus they must strictly enforce the provisions set out by FEMA and may vary the terms of a Policy only with the express written consent of the Federal Insurance Administrator.”
Wright v. Allstate Insurance (2005) ca5 · cites it 2× “44 C.F.R. §§ 61.4 (b), 61.13(d). Payments on SFIP claims come ultimately from the federal treasury.”
Edgar Allen Gibson and Leslie Gibson v. American Bankers Insurance Company (2002) ca6 · cites it 2× “44 C.F.R. §§ 61.4 (b), 61.13(d), 62.23(c), 63.”
Campo v. Allstate Insurance (2009) ca5 · cites it 2× “[11] See 44 C.F.R. §§ 61.4 (b), 62.23(c)-(d) (2008) (mandating use of SFIP terms); 44 C.”
Kane v. Royal Insurance Co. of America (1989) colo · cites it 2× “Federal regulations expand this definition to include "damage from a general condition of flooding in the area which results from other than natural causes, such as the breaking of a dam.”
C.E.R. 1988, Inc. v. The Aetna Casualty and Surety Company (2004) ca3 “44 C.F.R. §§ 61.4 (b), 61.13(d) & (e), 62.”
Donald Evanoff v. The Standard Fire Insurance Co (2008) ca6 · cites it 2× “44 C.F.R. § 61.4 . Specifically, the CFR and Evanoffs SFIP provided that in the case of a flood loss occurring to insured property, Evanoff was required to: Within 60 days after the loss, send us a proof of loss, which is your statement of the amount you are claiming under the…”
Houck v. State Farm Fire & Casualty Co. (2002) scd · cites it 3× “44 C.F.R. § 61.4 (b); 44 C.F.R. § 61.13 (d).”
Gowland v. Aetna (1998) ca5 “44 C.F.R. §§ 61.4 (b), 61.13(d). 4 . Federal Crop.”
Remund v. State Farm Fire & Casualty Co. (2012) ca10 · cites it 2× “§ 2201 ), writes the SFIP, 44 C.F.R. § 61.4 (b), and makes the rules as to claims made under the SFIP, id.”
Irene Flick v. Liberty Mutual Fire Insurance Company (2000) ca9 “” See 44 C.F.R. §§ 61.4 (b), 61.13(d), 62.23(c), 62.”
Glenn Gunter v. Farmers Insurance Company (2013) ca8 “44 C.F.R. §§ 61.4 (b), 61.13(d)-(e). The Gunters’ home was flooded on December 24, 2009.”
— 44 C.F.R. § 61.4(b) — 1 case
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