42 U.S.C. § 4041
Implementation of program
Following such consultation with representatives of the insurance industry as may be necessary, the Administrator shall implement the flood insurance program authorized under subchapter I in accordance with the provisions of part A of this subchapter and, if a determination is made by him under section 4071 of this title, under part B of this subchapter.
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1975–2025 · leading case: Commonwealth of Pennsylvania, by William Sheppard, Ins. Comm'r v. Nat'l Ass'n of Flood Insurers, an Unincorporated Ass'n, 520 F.2d 11 (3rd Cir. 1975).
Commonwealth of Pennsylvania, by William Sheppard, Ins. Comm'r v. Nat'l Ass'n of Flood Insurers, an Unincorporated Ass'n, 520 F.2d 11 (3rd Cir. 1975). “9 Under the Act, 42 U.S.C. § 4041 , the Secretary is first directed to implement the program by encouraging the formation of a pool of private insurance companies.”
Alex W. Newton v. Capital Assurance Co., Inc., 245 F.3d 1306 (11th Cir. 2001). “Under 42 U.S.C. § 4041 , the Director of FEMA may implement the NFIP using one of two different institutional structures, each of which specifies a different role for private insurance companies.”
West v. Harris, 573 F.2d 873 (5th Cir. 1978). “Under the Act, 42 U.S.C. § 4041 , the Secretary is first directed to implement the program by encouraging the formation of a pool of private insurance companies.”
Gulf Coast Inv. Corp. v. Sec'y of Hous. & Urban Dev., 509 F. Supp. 1321 (E.D. La. 1980). “The NFIP was administered from June 6, 1969 until December 31, 1977, pursuant to 42 U.S.C. § 4041 , as a private insurance industry program receiving federal financial assistance.”
Alex W. Newton v. Capital Assurance Co., Inc., 209 F.3d 1302 (11th Cir. 2000). “Under 42 U.S.C. § 4041 , the Director of FEMA may implement the NFIP using one of two different institutional structures, each of which specifies a different role for private insurance companies.”
Mun. Ass'n of SC v. USAA Gen. Indem. Co., 709 F.3d 276 (4th Cir. 2013). “See 42 U.S.C. §§ 4041 , 4051-4057, 4071-4072.”
Nelson v. Becton, 732 F. Supp. 996 (D. Minnesota 1990). “Under Plan A, 42 U.S.C. § 4041 , the program is operated by a pool of private insurers which assumes responsibility for the adjustment and payment of all claims.”
Kelly v. Dir., Fed. Emergency Mgmt. Agency, 549 F. Supp. 8 (D. Mass. 1981). “42 U.S.C. § 4041 directs the Secretary to “implement the flood insurance program authorized under subchapter I of this chapter in accordance with the provisions of part A of this subchapter and, if a determination is made by him under section 4071 of this title, under part B of…”
Mercer v. Am. Bankers Ins. Co. of Florida (M.D. Fla. 2025). “Under the NFIA, the Administrator of FEMA implements the flood insurance program, 42 U.S.C. § 4041 , and is authorized “to adjust and make payment of any claims for proved and approved losses covered by flood insurance.”
Martini v. Am. Bankers Ins. Co. of Florida (M.D. Fla. 2025). “Under the NFIA, the Administrator of FEMA implements the flood insurance program, 42 U.S.C. § 4041 , and is authorized “to adjust and make payment of any claims for proved and approved losses covered by flood insurance.”
Oliver v. Wright Nat'l Flood Ins. Co. (M.D. Fla. 2025). “Under the NFIA, the Administrator of FEMA implements the flood insurance program, 42 U.S.C. § 4041 , and is authorized “to adjust and make payment of any claims for proved and approved losses covered by flood insurance.”
Newton v. Alabama Ins. Underwriting (11th Cir. 2000). “Under 42 U.S.C. § 4041 , the Director of FEMA may implement the NFIP using one of two different institutional structures, each of which specifies a different role for private insurance companies.”
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