C.F.R.
»
Title 44
» CHAPTER I—FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER B—INSURANCE AND HAZARD MITIGATION › PART 62—SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS › Subpart B—Claims Adjustment, Claims Appeals, and Judicial Review
(a) Upon the disallowance by the Federal Insurance and Mitigation Administration, a participating Write-Your-Own Company, or the servicing agent of any claim on grounds other than failure to file a proof of loss, or upon the refusal of the claimant to accept the amount allowed upon any claim after appraisal pursuant to policy provisions, the claimant within one year after the date of mailing by the Federal Insurance and Mitigation Administration, the participating Write-Your-Own Company, or the servicing agent of the notice of disallowance or partial disallowance of the claim may, pursuant to 42 U.S.C. 4072, institute an action on such claim against the insurer only in the U.S. District Court for the district in which the insured property or the major portion thereof shall have been situated, without regard to the amount in controversy.
(b) Service of process for all judicial proceedings where a claimant is suing the Administrator of FEMA pursuant to 42 U.S.C. 4071 shall be made upon the appropriate United States Attorney, the Attorney General of the United States, and the Federal Insurance Administrator of the Federal Emergency Management Agency.
[43 FR 2573, Jan. 17, 1978. Redesignated at 44 FR 31177, May 31, 1979, as amended at 47 FR 43061 Sept. 30, 1982; 49 FR 33879, Aug. 27, 1984; 69 FR 45610, July 30, 2004; 85 FR 43986, July 20, 2020]
Notes of Decisions
Gary Woodson v. Allstate Ins. Co., 855 F.3d 628 (4th Cir. 2017).
· cites it 3× “§ 4072 ; 44 C.F.R. § 62.22 . In short, National Flood Insurance Policies, claims under those Policies, and disputes relating to the handling of claims under those Policies are highly regulated and subject exclusively to federal law.”
Parsons Footwear, Inc. v. Omaha Prop. & Cas. Co., 19 F. Supp. 2d 588 (N.D.W. Va. 1998).
· cites it 5× “Additionally, it is significant that the provisions set forth in § 4072 relating to time limitations and jurisdiction are duplicated in 44 C.F.R. § 62.22 (a) 2 , and in the SFIP itself, found at 44 C.”
Michael Downey v. State Farm Fire & Cas. Co., 266 F.3d 675 (7th Cir. 2001).
“Neither party appears to have noticed 44 C.F.R. § 62.22 , which permits suits against the Director of fema arising from decisions made by wyop insurance companies.”
Dwyer v. Fid. Nat'l Prop. & Cas. Ins., 565 F.3d 284 (5th Cir. 2009).
“See 44 C.F.R. § 62.22 (a) (“[U]pon the refusal of the claimant to accept the amount allowed upon any claim after appraisal pursuant to policy provisions, the claimant .”
Schumitzki v. Dir., Fed. Emergency Mgmt. Agency, 656 F. Supp. 430 (D.N.J. 1987).
· cites it 3× “§ 4072 ) and its regulations ( 44 C.F.R. § 62.22 ). The statute provides: *433 In the event the program is carried out as provided in section 1340, the director shall be authorized to adjust and make payment of any claims for proved and approved losses covered by flood…”
Dempsey v. Dir., Fed. Emergency Mgmt. Agency, 549 F. Supp. 1334 (E.D. Ark. 1982).
“The Code of Federal Regulations, 44 C.F.R. § 62.22 (a), provides: Upon the disallowance by the Federal Insurance Administration or the servicing agent of any claim on grounds other than failure to file a proof of loss, or upon the refusal of the claimant to accept the amount…”
Barco Arroyo v. Fed. Emergency Mgmt. Agency, 113 F.R.D. 46 (D.P.R. 1986).
“The United States alleges that service of process had to be made pursuant to 44 C.F.R. § 62.22 (b), which provides: (b) Service of process for all judicial proceedings where a claimant is suing Director pursuant to 42 U.”
House v. Bankers Ins., 43 F. Supp. 2d 1329 (M.D. Fla. 1999).
“In addition, Defendant cites 44 C.F.R. § 62.22 (a) (1999) as providing the time limitations for suit under the Standard Flood Insurance Policy.”
— 44 C.F.R. § 62.22(a) — 1 case
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