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 A—Issuance of Policies

44 C.F.R. § 62.3

Servicing agent

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(a) Pursuant to sections 1345 and 1346 of the Act, the Federal Insurance Administrator may enter into an agreement with a servicing agent to authorize it to assist in issuing flood insurance policies under the Program in communities designated by the Federal Insurance Administrator and to accept responsibility for delivery of policies and payment of claims for losses as prescribed by and at the discretion of the Federal Insurance Administrator.

(b) The servicing agent will arrange for the issuance of flood insurance to any person qualifying for such coverage under parts 61 and 64 of this subchapter who submits an application to the servicing agent in accordance with the terms and conditions of the contract between the Agency and the servicing agent.

[85 FR 43985, July 20, 2020]
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1986–2023 · leading case: Sanford J. Berger v. Samuel R. Pierce, 933 F.2d 393 (6th Cir. 1991).
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Sanford J. Berger v. Samuel R. Pierce, 933 F.2d 393 (6th Cir. 1991). “” 44 C.F.R. § 62.3 (a) (1990). On October 1, 1983, FEMA designated CSC as the fiscal agent for the NFIP.”
M.D. Phelps & Irene K. Phelps v. Fed. Emergency Mgmt. Agency, 785 F.2d 13 (1st Cir. 1986). “” 44 C.F.R. § 62.3 (a) (1985). Phelps described the loss to Gabriel, who assured Phelps that the information he had furnished fully reported the loss, that the investigative process would begin immediately, and that Phelps need do nothing further.”
Nat'l Wildlife Fed'n & Pub. Employees for Env't Responsibility v. Fed. Emergency Mgmt. Agency, 345 F. Supp. 2d 1151 (W.D. Wash. 2004). “44 C.F.R. §§ 62.3 , 62.4; AR 116 at 22. The NFIP is not the only source of flood insurance, but flood coverage for residential homeowners in particular is difficult to acquire from the private insurance market.”
Jamal v. Travelers Lloyds of Texas Ins., 129 F. Supp. 2d 1024 (S.D. Tex. 2001). “See 44 C.F.R. § 62.3 (c). . C. Preemption It is well recognized that “[f]ederal law governs disputes over coverage arising under the National Flood Insurance Act of 1968.”
Cent. Claims Serv., Inc. v. Comput. Sci. Corp., 706 F. Supp. 463 (E.D. La. 1989). · cites it 5× “” 44 C.F.R. § 62.3 (a). The regulations further provided that, “The servicing agent will arrange for the issuance of flood insurance to any person qualifying for such coverage .”
Rojek v. Fed. Emergency Mgmt. Agency, 234 F. Supp. 2d 999 (S.D. Iowa 2002). “See 44 C.F.R. § 62.3 (b). In spite of this delegation, FEMA maintains ultimate responsibility for handling all direct NFIP insurance policies.”
Bruno v. Am. Bankers Ins. Co. (E.D. La. 2023). · cites it 2× “8 AWS avers that its Motion should be granted because it owed no duty to adjust, settle, or make payment under Plaintiff’s Policy because AWS is not a WYO Program Carrier, regulated under 44 C.F.R. § 62.3 , or a “servicing agent” under the 4 R.”
Bank of NH v. FEMA (D.N.H. 1996). “§ 4081 (West 1994); 44 C.F.R. § 62.3 (1993 & 1994) . 2 alleges that it received neither of these notices.”
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