42 U.S.C. § 4072
Adjustment and payment of claims; judicial review; limitations; jurisdiction
In the event the program is carried out as provided in section 4071 of this title, the Administrator shall be authorized to adjust and make payment of any claims for proved and approved losses covered by flood insurance, and upon the disallowance by the Administrator of any such claim, or upon the refusal of the claimant to accept the amount allowed upon any such claim, the claimant, within one year after the date of mailing of notice of disallowance or partial disallowance by the Administrator, may institute an action against the Administrator on such claim in the United States district court for the district in which the insured property or the major part thereof shall have been situated, and original exclusive jurisdiction is hereby conferred upon such court to hear and determine such action without regard to the amount in the controversy.
Notes of Decisions
Cited in 224
cases (72 in the last 5 years), 1980–2026 · leading case: Ali Ekhlassi v. National Lloyds Insurance Co.
Ali Ekhlassi v. National Lloyds Insurance Co. (2019)
“Primarily, at issue are: whether 42 U.S.C. § 4072 (providing for “original exclusive jurisdiction” in district court and one- year limitations period) is applicable to actions against Write-Your-Own (WYO) carriers (“private insurers [which] issue flood insurance policies…”
Paul Palmieri, Plaintiff-Appellant-Cross-Appellee v. Allstate Insurance Company, Defendant-Appellee-Cross-Appellant (2006)
“We hold that 42 U.S.C. § 4072 gives us jurisdiction to hear such claims.”
Edgar Allen Gibson and Leslie Gibson v. American Bankers Insurance Company (2002)
“Jurisdiction and the statute of limitations for claims made under NFIA are defined in 42 U.S.C. § 4072 : *947 [U]pon the disallowance by the Director of any such claim, or upon the refusal of the claimant to accept the amount allowed upon any such claim, the claimant, within one…”
Al Cohen v. Allstate Insurance Company (2019)
“…index="7" url="https://cite.case.law/citations/?q=42%20U.S.C.%20%C2%A7%204072"> 42 U.S.C. § 4072 . An individual suing to recover money under an SFIP must initiate the lawsuit "within one year after the date of the written denial of all or part of the claim." 44 C.F.R. pt.…”
Foster v. Federal Emergency Management Agency (2015)
“In pertinent part, 42 U.S.C. § 4072 provides: [U]pon the disallowance by the Administrator [of FEMA] 5 of any such claim, or upon the refusal of the claimant to accept the amount allowed upon any such claim, the claimant, within one year after the date of mailing of notice of…”
Mikulski v. Centerior Energy Corp. (2007)
“Although we held that the National Flood Insurance Act, 42 U.S.C. § 4072 , completely preempts state law because it explicitly confers "original exclusive jurisdiction" on the federal district courts, Gibson v.”
Scritchfield v. Mutual of Omaha Insurance (2004)
“Plaintiffs filed a petition in state court claiming breach of contract under 42 U.S.C. § 4072 (2000), and asserting various state law claims.”
Migliaro v. Fidelity National Indemnity Insurance Co. (2018)
“…index="12" url="https://cite.case.law/citations/?q=42%20U.S.C.%20%C2%A7%204072"> 42 U.S.C. § 4072 . The only communication of the disallowance was the written rejection of the proof of loss in the July 15 letter. Thus, by filing suit, Migliaro himself held out the July 15…”
Southpointe Villas Homeowners Ass'n v. Scottish Insurance Agency, Inc. (2002)
“Specifically, Plaintiff argues that the Court has neither federal question jurisdiction, pursuant to 42 U.S.C. § 4072 or 28 U.”
Irene Flick v. Liberty Mutual Fire Insurance Company (2000)
“The district court had subject matter jurisdiction pursuant to 42 U.S.C. § 4072 . See 42 U.”
Harry Spence and Nancy Spence Fortner v. Omaha Indemnity Insurance Company (1993)
“4 Omaha also points out that, under 42 U.S.C. § 4072 , upon the disallowance by the Director of any [claim under a flood insurance policy], or upon the refusal of the claimant to accept the amount allowed upon any such claim, the claimant, within one year after the date of…”
Dennis Packard v. Farmers Insurance Co. of Columbus (2011)
“§ 1331 , which confers federal question jurisdiction; (2) 42 U.S.C. § 4072 , which confers exclusive federal jurisdiction over lawsuits arising under the NFIA; (3) 28 U.”
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