42 U.S.C. § 4019

Payment of claims

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(a) In general

The Administrator is authorized to prescribe regulations establishing the general method or methods by which proved and approved claims for losses may be adjusted and paid for any damage to or loss of property which is covered by flood insurance made available under the provisions of this chapter.

(b) Minimum annual deductible(1) Pre-firm propertiesFor any structure which is covered by flood insurance under this chapter, and on which construction or substantial improvement occurred on or before December 31, 1974, or before the effective date of an initial flood insurance rate map published by the Administrator under section 4101 of this title for the area in which such structure is located, the minimum annual deductible for damage to such structure shall be—(A) $1,500, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount equal to or less than $100,000; and(B) $2,000, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount greater than $100,000.(2) Post-firm propertiesFor any structure which is covered by flood insurance under this chapter, and on which construction or substantial improvement occurred after December 31, 1974, or after the effective date of an initial flood insurance rate map published by the Administrator under section 4101 of this title for the area in which such structure is located, the minimum annual deductible for damage to such structure shall be—(A) $1,000, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount equal to or less than $100,000; and(B) $1,250, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount greater than $100,000.(c) Payment of claims to condominium owners

The Administrator may not deny payment for any damage to or loss of property which is covered by flood insurance to condominium owners who purchased such flood insurance separate and apart from the flood insurance purchased by the condominium association in which such owner is a member, based solely, or in any part, on the flood insurance coverage of the condominium association or others on the overall property owned by the condominium association.

(Pub. L. 90–448, title XIII, § 1312, Aug. 1, 1968, 82 Stat. 579; Pub. L. 98–181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112–141, div. F, title II, §§ 100210, 100214, July 6, 2012, 126 Stat. 920, 924.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (a) and (b), was in the original a reference to “this title” meaning title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, known as the National Flood Insurance Act of 1968, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.

Amendments

2012—Pub. L. 112–141, § 100210, designated existing provisions as subsec. (a) and inserted heading, substituted “The Administrator is” for “The Director is”, and added subsec. (b).

Subsec. (c). Pub. L. 112–141, § 100214, added subsec. (c).

1983—Pub. L. 98–181 substituted “Director” for “Secretary”.

Statutory Notes and Related SubsidiariesEffective Date

Section effective 120 days following Aug. 1, 1968, or such later date prescribed by the Secretary but in no event more than 180 days following Aug. 1, 1968, see section 1377 of Pub. L. 90–448, set out as a note under section 4001 of this title.

Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Notes of Decisions

Cited in 28 cases (4 in the last 5 years), 1975–2023 · leading case: Paul Palmieri, Plaintiff-Appellant-Cross-Appellee v. Allstate Insurance Company, Defendant-Appellee-Cross-Appellant

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Paul Palmieri, Plaintiff-Appellant-Cross-Appellee v. Allstate Insurance Company, Defendant-Appellee-Cross-Appellant (2006) ca2 “” 42 U.S.C. § 4019 . The resulting regulatory scheme is set out at 44 C.”

Edgar Allen Gibson and Leslie Gibson v. American Bankers Insurance Company (2002) ca6 “” 42 U.S.C. § 4019 . FEMA established a comprehensive regulatory scheme setting forth the rights and responsibilities of insureds and insurers under the National Flood Insurance Program.”

C.E.R. 1988, Inc. v. The Aetna Casualty and Surety Company (2004) ca3 “” 42 U.S.C. § 4019 . The resulting regulatory scheme is set out at 44 C.”

Allen B. Suopys v. Omaha Property & Casualty (2005) ca3 “42 U.S.C. § 4019 (FEMA establishes the rules governing adjustment and payment of proved and approved claims for losses).”

Michael Harris v. Nationwide Mutual Fire Ins. (2016) ca6 “” 42 U.S.C. § 4019 (a). Pursuant to FEMA regulations, the Federal Treasury “back[s] all flood policy claim payments” by insurers issuing SFIPs.”

Jacobson v. Metropolitan Property & Casualty Insurance (2012) ca2 “” 42 U.S.C. § 4019 . This regulatory scheme, including the terms and exact language of the SFIP, is recorded in the Code of Federal Regulations.”

Foster v. Federal Emergency Management Agency (2015) nyed “2012) (quoting 42 U.S.C. § 4019 ). "This regulatory scheme, including the terms and exact language of the SFIP, is recorded in the Code of Federal Regulations.”

McGair v. American Bankers Insurance (2012) ca1 “” 42 U.S.C. § 4019 . In 1983, FEMA created the Write-Your-Own (“WYO”) program, permitting private insurance companies to issue policies as part of the NFIP.”

Matusevich v. Middlesex Mutual Assurance Com (2015) ca1 “” 42 U.S.C. § 4019 . Accordingly, in 1983, FEMA created the Write-Your-Own (“WYO”) program, which allowed private insurance companies, such as Middlesex Mutual, to issue flood insurance policies as part of the NFIP.”

West v. Harris (1978) ca5 “In addition to § 4053 which confers federal court jurisdiction without regard to diversity or amount, 42 U.S.C.A. § 4019 has an important bearing on the issue under consideration in this case.”

Masoner v. First Community Insurance (2000) idd · cites it 2× “42 U.S.C. § 4019 . As a WYO program carrier, FCIC was bound to strictly construe and enforce those provisions.”

Bruinsma v. State Farm Fire & Casualty Co. (2006) miwd “42 U.S.C. § 4019 . FEMA has promulgated regulations setting forth the rights of insurance companies and their insureds under the National Flood Insurance Program.”

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