Appendix A(3) to Part 61
44:1.0.1.2.26.0.9.26.8 : Appendix A(3)
Appendix A(3) to Part 61 Link to an amendment published at 85 FR
43976, July 20, 2020. Link to a correction published at 86 FR
10029, Feb. 18, 2021. Federal Emergency Management Agency Federal
Insurance Administration Standard Flood Insurance Policy
RESIDENTIAL CONDOMINIUM BUILDING ASSOCIATION POLICY I. Agreement
Please read the policy carefully. The flood insurance provided
is subject to limitations, restrictions, and exclusions.
This policy covers only a residential condominium building in a
regular program community. If the community reverts to emergency
program status during the policy term and remains as an emergency
program community at time of renewal, this policy cannot be
renewed.
The Federal Emergency Management Agency (FEMA) provides flood
insurance under the terms of the National Flood Insurance Act of
1968 and its Amendments, and Title 44 of the Code of Federal
Regulations.
We will pay you for direct physical loss by or from flood to
your insured property if you:
1. Have paid the correct premium;
2. Comply with all terms and conditions of this policy; and
3. Have furnished accurate information and statements.
We have the right to review the information you give us at any
time and to revise your policy based on our review.
II. Definitions
A. In this policy, “you” and “your” refer to the insured(s)
shown on the Declarations Page of this policy. Insured(s) includes:
any mortgagee and loss payee named in the Application and
Declarations Page, as well as any other mortgagee or loss payee
determined to exist at the time of loss in the order of precedence.
“We,” “us,” and “our” refer to the insurer.
Some definitions are complex because they are provided as they
appear in the law or regulations, or result from court cases. The
precise definitions are intended to protect you.
“Flood”, as used in this flood insurance policy, means:
1. A general and temporary condition of partial or complete
inundation of two or more acres of normally dry land area or of two
or more properties (one of which is your property) from:
a. Overflow of inland or tidal waters;
b. Unusual and rapid accumulation or runoff of surface waters
from any source;
c. Mudflow.
2. Collapse or subsidence of land along the shore of a lake or
similar body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
which result in a flood as defined in A.1.a above.
B. The following are the other key definitions we use in this
policy:
1. Act. The National Flood Insurance Act of 1968 and any
amendments to it.
2. Actual Cash Value. The cost to replace an insured item
of property at the time of loss, less the value of its physical
depreciation.
3. Application. The statement made and signed by you or
your agent in applying for this policy. The application gives
information we use to determine the eligibility of the risk, the
kind of policy to be issued, and the correct premium payment. The
application is part of this flood insurance policy. For us to issue
you a policy, the correct premium payment must accompany the
application.
4. Base Flood. A flood having a one percent chance of
being equaled or exceeded in any given year.
5. Basement. Any area of the building, including any
sunken room or sunken portion of a room, having its floor below
ground level (subgrade) on all sides.
6. Building.
a. A structure with two or more outside rigid walls and a fully
secured roof, that is affixed to a permanent site;
b. A manufactured home (“a manufactured home,” also known as a
mobile home, is a structure: built on a permanent chassis,
transported to its site in one or more sections, and affixed to a
permanent foundation); or
c. A travel trailer without wheels, built on a chassis and
affixed to a permanent foundation, that is regulated under the
community's floodplain management and building ordinances or
laws.
Building does not mean a gas or liquid storage tank or a
recreational vehicle, park trailer or other similar vehicle, except
as described in B.6.c., above.
7. Cancellation. The ending of the insurance coverage
provided by this policy before the expiration date.
8. Condominium. That form of ownership of real property
in which each unit owner has an undivided interest in common
elements.
9. Condominium Association. The entity, formed by the
unit owners, responsible for the maintenance and operation of:
a. Common elements owned in undivided shares by unit owners;
and
b. Other real property in which the unit owners have use rights;
where membership in the entity is a required condition of unit
ownership.
10. Declarations Page. A computer-generated summary of
information you provided in the application for insurance. The
Declarations Page also describes the term of the policy, limits of
coverage, and displays the premium and our name. The Declarations
Page is a part of this flood insurance policy.
11. Described Location. The location where the insured
building or personal property is found. The described location is
shown on the Declarations Page.
12. Direct Physical Loss By or From Flood. Loss or damage
to insured property, directly caused by a flood. There must be
evidence of physical changes to the property.
13. Elevated Building. A building that has no basement
and that has its lowest elevated floor raised above ground level by
foundation walls, shear walls, posts, piers, pilings, or
columns.
14. Emergency Program. The initial phase of a community's
participation in the National Flood Insurance Program. During this
phase, only limited amounts of insurance are available under the
Act.
15. Expense Constant. A flat charge you must pay on each
new or renewal policy to defray the expenses of the Federal
Government related to flood insurance.
16. Federal Policy Fee. A flat charge you must pay on
each new or renewal policy to defray certain administrative
expenses incurred in carrying out the National Flood Insurance
Program. This fee covers expenses not covered by the expense
constant.
17. Improvements. Fixtures, alterations, installations,
or additions comprising a part of the residential condominium
building, including improvements in the units.
18. Mudflow. A river of liquid and flowing mud on the
surfaces of normally dry land areas, as when earth is carried by a
current of water. Other earth movements, such as landslide, slope
failure, or a saturated soil mass moving by liquidity down a slope,
are not mudflows.
19. National Flood Insurance Program (NFIP). The program
of flood insurance coverage and floodplain management administered
under the Act and applicable Federal regulations in Title 44 of the
Code of Federal Regulations, Subchapter B.
20. Policy. The entire written contract between you and
us. It includes:
a. This printed form;
b. The application and Declarations Page;
c. Any endorsement(s) that may be issued; and
d. Any renewal certificate indicating that coverage has been
instituted for a new policy and new policy term.
Only one building, which you specifically described in the
application, may be insured under this policy.
21. Pollutants. Substances that include, but are not
limited to, any solid, liquid, gaseous, or thermal irritant or
contaminant, including smoke, vapor, soot, fumes, acids, alkalis,
chemicals, and waste. Waste includes, but is not limited to,
materials to be recycled, reconditioned, or reclaimed.
22. Post-FIRM Building. A building for which construction
or substantial improvement occurred after December 31, 1974, or on
or after the effective date of an initial Flood Insurance Rate Map
(FIRM), whichever is later.
23. Probation Premium. A flat charge you must pay on each
new or renewal policy issued covering property in a community that
the NFIP has placed on probation under the provisions of 44 CFR
59.24.
24. Regular Program. The final phase of a community's
participation in the National Flood Insurance Program. In this
phase, a Flood Insurance Rate Map is in effect and full limits of
coverage are available under the Act.
25. Residential Condominium Building. A building, owned
and administered as a condominium, containing one or more family
units and in which at least 75% of the floor area is
residential.
26. Special Flood Hazard Area. An area having special
flood or mudflow, and/or flood-related erosion hazards, and shown
on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone
A, AO, A1-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO,
AR/A1-A30, V1-V30, VE, or V.
27. Unit. A single-family unit in a residential
condominium building.
28. Valued Policy. A policy in which the insured and the
insurer agree on the value of the property insured, that value
being payable in the event of a total loss. The Standard Flood
Insurance Policy is not a valued policy.
III. Property Covered A. Coverage A - Building Property
We insure against direct physical loss by or from flood to:
1. The residential condominium building described on the
Declarations Page at the described location, including all units
within the building and the improvements within the units.
2. We also insure such building property for a period of 45 days
at another location, as set forth in III.C.2.b., Property Removed
to Safety.
3. Additions and extensions attached to and in contact with the
building by means of a rigid exterior wall, a solid load-bearing
interior wall, a stairway, an elevated walkway, or a roof. At your
option, additions and extensions connected by any of these methods
may be separately insured. Additions and extensions attached to and
in contact with the building by means of a common interior wall
that is not a solid load-bearing wall are always considered part of
the building and cannot be separately insured.
4. The following fixtures, machinery and equipment, including
its units, which are covered under Coverage A only:
a. Awnings and canopies;
b. Blinds;
c. Carpet permanently installed over unfinished flooring;
d. Central air conditioners;
e. Elevator equipment;
f. Fire extinguishing apparatus;
g. Fire sprinkler systems;
h. Walk-in freezers;
i. Furnaces;
j. Light fixtures;
k. Outdoor antennas and aerials fastened to buildings;
l. Permanently installed cupboards, bookcases, paneling, and
wallpaper;
m. Pumps and machinery for operating pumps;
n. Ventilating equipment;
o. Wall mirrors, permanently installed; and
p. In the units within the building, installed:
(1) Built-in dishwashers;
(2) Built-in microwave ovens;
(3) Garbage disposal units;
(4) Hot water heaters, including solar water heaters;
(5) Kitchen cabinets;
(6) Plumbing fixtures;
(7) Radiators;
(8) Ranges;
(9) Refrigerators; and
(10) Stoves.
5. Materials and supplies to be used for construction,
alteration or repair of the insured building while the materials
and supplies are stored in a fully enclosed building at the
described location or on an adjacent property.
6. A building under construction, alteration or repair at the
described location.
a. If the structure is not yet walled or roofed as described in
the definition for building (see II.B.6.a.), then coverage
applies:
(1) Only while such work is in progress; or
(2) If such work is halted, only for a period of up to 90
continuous days thereafter.
b. However, coverage does not apply until the building is walled
and roofed if the lowest floor, including the basement floor, of a
non-elevated building or the lowest elevated floor of an elevated
building is:
(1) Below the base flood elevation in Zones AH, AE, A1-30, AR,
AR/AE, AR/AH, AR/A1-30, AR/A, AR/AO; or
(2) Below the base flood elevation adjusted to include the
effect of wave action in Zones VE or V1-30.
The lowest floor levels are based on the bottom of the lowest
horizontal structural member of the floor in Zones VE or V1-V30 and
the top of the floor in Zones AH, AE, A1-A30, AR, AR/AE, AR/AH,
AR/A1-A30, AR/A, AR/AO.
7. A manufactured home or a travel trailer as described in the
Definitions Section (See II.B.b. and c.).
If the manufactured home is in a special flood hazard area, it
must be anchored in the following manner at the time of the
loss:
a. By over-the-top or frame ties to ground anchors; or
b. In accordance with the manufacturer's specifications; or
c. In compliance with the community's floodplain management
requirements unless it has been continuously insured by the NFIP at
the same described location since September 30, 1982.
8. Items of property in a building enclosure below the lowest
elevated floor of an elevated post-FIRM building located in zones
A1-A30, AE, AH, AR, AR/A, AR/AE, AR/AH, AR/A1-A30, V1-V30, or VE,
or in a basement, regardless of the zone. Coverage is limited to
the following:
a. Any of the following items, if installed in their functioning
locations and, if necessary for operation, connected to a power
source:
(1) Central air conditioners;
(2) Cisterns and the water in them;
(3) Drywall for walls and ceilings in a basement and the cost of
labor to nail it, unfinished and unfloated and not taped, to the
framing;
(4) Electrical junction and circuit breaker boxes;
(5) Electrical outlets and switches;
(6) Elevators, dumbwaiters, and related equipment, except for
related equipment installed below the base flood elevation after
September 30, 1987;
(7) Fuel tanks and the fuel in them;
(8) Furnaces and hot water heaters;
(9) Heat pumps;
(10) Nonflammable insulation in a basement;
(11) Pumps and tanks used in solar energy systems;
(12) Stairways and staircases attached to the building, not
separated from it by elevated walkways;
(13) Sump pumps;
(14) Water softeners and the chemicals in them, water filters
and faucets installed as an integral part of the plumbing
system;
(15) Well water tanks and pumps;
(16) Required utility connections for any item in this list;
and
(17) Footings, foundations, posts, pilings, piers, or other
foundation walls and anchorage systems required to support a
building.
b. Clean-up.
B. Coverage B - Personal Property
1. If you have purchased personal property coverage, we insure,
subject to B.2. and B.3. below, against direct physical loss by or
from flood to personal property that is inside the fully enclosed
insured building and is:
a. Owned by the unit owners of the condominium association in
common, meaning property in which each unit owner has an undivided
ownership interest; or
b. Owned solely by the condominium association and used
exclusively in the conduct of the business affairs of the
condominium association.
We also insure such personal property for 45 days while stored
at a temporary location, as set forth in III.C.2.b., Property
Removed to Safety.
2. Coverage for personal property includes the following
property, subject to B.1. above, which is covered under Coverage B
only:
a. Air conditioning units - portable or window type;
b. Carpet, not permanently installed, over unfinished
flooring;
c. Carpets over finished flooring;
d. Clothes washers and dryers;
e. “Cook-out” grills;
f. Food freezers, other than walk-in, and the food in any
freezer;
g. Outdoor equipment and furniture stored inside the insured
building;
h. Ovens and the like; and
i. Portable microwave ovens and portable dishwashers.
3. Coverage for items of property in a building enclosure below
the lowest elevated floor of an elevated post-FIRM building located
in zones A1-A30, AE, AH, AR, AR/A, AR/AE, AR/AH, AR/A1-A30, V1-V30,
or VE, or in a basement, regardless of the zone, is limited to the
following items, if installed in their functioning locations and,
if necessary for operation, connected to a power source:
a. Air conditioning units - portable or window type;
b. Clothes washers and dryers; and
c. Food freezers, other than walk-in, and food in any
freezer.
4. Special Limits. We will pay no more than $2,500 for any one
loss to one or more of the following kinds of personal
property:
a. Artwork, photographs, collectibles, or memorabilia, including
but not limited to, porcelain or other figures, and sports
cards;
b. Rare books or autographed items;
c. Jewelry, watches, precious and semi-precious stones, or
articles of gold, silver, or platinum;
d. Furs or any article containing fur which represents its
principal value.
5. We will pay only for the functional value of antiques.
C. Coverage C - Other Coverages
1. Debris Removal
a. We will pay the expense to remove non-owned debris that is on
or in insured property and debris of insured property anywhere.
b. If you or a member of your household perform the removal
work, the value of your work will be based on the Federal minimum
wage.
c. This coverage does not increase the Coverage A or Coverage B
limit of liability.
2. Loss Avoidance Measures
a. Sandbags, Supplies, and Labor
(1) We will pay up to $1,000 for the costs you incur to protect
the insured building from a flood or imminent danger of flood, for
the following:
(a) Your reasonable expenses to buy:
(i) Sandbags, including sand to fill them;
(ii) Fill for temporary levees;
(iii) Pumps; and
(iv) Plastic sheeting and lumber used in connection with these
items; and
(b) The value of work, at the Federal minimum wage, that you
perform.
(2) This coverage for Sandbags, Supplies, and Labor applies only
if damage to insured property by or from flood is imminent and the
threat of flood damage is apparent enough to lead a person of
common prudence to anticipate flood damage. One of the following
must also occur:
(a) A general and temporary condition of flooding in the area
near the described location must occur, even if the flood does not
reach the insured building; or
(b) A legally authorized official must issue an evacuation order
or other civil order for the community in which the insured
building is located calling for measures to preserve life and
property from the peril of flood. This coverage does not increase
the Coverage A or Coverage B limit of liability.
b. Property Removed to Safety
(1) We will pay up to $1,000 for the reasonable expenses you
incur to move insured property to a place other than the described
location that contains the property in order to protect it from
flood or the imminent danger of flood.
Reasonable expenses include the value of work, at the Federal
minimum wage, that you perform.
(2) If you move insured property to a location other than the
described location that contains the property, in order to protect
it from flood or the imminent danger of flood, we will cover such
property while at that location for a period of 45 consecutive days
from the date you begin to move it there. The personal property
that is moved must be placed in a fully enclosed building, or
otherwise reasonably protected from the elements.
Any property removed, including a moveable home described in
II.6.b. and c., must be placed above ground level or outside of the
special flood hazard area.
This coverage does not increase the Coverage A or Coverage B
limit of liability.
D. Coverage D - Increased Cost of Compliance
1. General.
This policy pays you to comply with a State or local floodplain
management law or ordinance affecting repair or reconstruction of a
structure suffering flood damage. Compliance activities eligible
for payment are: elevation, floodproofing, relocation, or
demolition (or any combination of these activities) of your
structure. Eligible floodproofing activities are limited to:
a. Non-residential structures.
b. Residential structures with basements that satisfy FEMA's
standards published in the Code of Federal Regulations [44 CFR 60.6
(b) or (c)].
2. Limit of Liability.
We will pay you up to $30,000 under this Coverage D - Increased
Cost of Compliance, which only applies to policies with building
coverage (Coverage A). Our payment of claims under Coverage D is in
addition to the amount of coverage which you selected on the
application and which appears on the Declarations Page. But the
maximum you can collect under this policy for both Coverage A -
Building Property and Coverage D - Increased Cost of Compliance
cannot exceed the maximum permitted under the Act. We do not charge
a separate deductible for a claim under Coverage D.
3. Eligibility.
a. A structure covered under Coverage A - Building Property
sustaining a loss caused by a flood as defined by this policy
must:
(1) Be a “repetitive loss structure.” A “repetitive loss
structure” is one that meets the following conditions:
(a) The structure is covered by a contract of flood insurance
issued under the NFIP.
(b) The structure has suffered flood damage on 2 occasions
during a 10-year period which ends on the date of the second
loss.
(c) The cost to repair the flood damage, on average, equaled or
exceeded 25% of the market value of the structure at the time of
each flood loss.
(d) In addition to the current claim, the NFIP must have paid
the previous qualifying claim, and the State or community must have
a cumulative, substantial damage provision or repetitive loss
provision in its floodplain management law or ordinance being
enforced against the structure; or
(2) Be a structure that has had flood damage in which the cost
to repair equals or exceeds 50% of the market value of the
structure at the time of the flood. The State or community must
have a substantial damage provision in its floodplain management
law or ordinance being enforced against the structure.
b. This Coverage D pays you to comply with State or local
floodplain management laws or ordinances that meet the minimum
standards of the National Flood Insurance Program found in the Code
of Federal Regulations at 44 CFR 60.3. We pay for compliance
activities that exceed those standards under these conditions:
(1) 3.a.(1) above.
(2) Elevation or floodproofing in any risk zone to preliminary
or advisory base flood elevations provided by FEMA which the State
or local government has adopted and is enforcing for flood-damaged
structures in such areas. (This includes compliance activities in
B, C, X, or D zones which are being changed to zones with base
flood elevations. This also includes compliance activities in zones
where base flood elevations are being increased, and a
flood-damaged structure must comply with the higher advisory base
flood elevation.) Increased Cost of Compliance coverage does not
apply to situations in B, C, X, or D zones where the community has
derived its own elevations and is enforcing elevation or
floodproofing requirements for flood-damaged structures to
elevations derived solely by the community.
(3) Elevation or floodproofing above the base flood elevation to
meet State or local “freeboard” requirements, i.e., that a
structure must be elevated above the base flood elevation.
c. Under the minimum NFIP criteria at 44 CFR 60.3(b)(4), States
and communities must require the elevation or floodproofing of
structures in unnumbered A zones to the base flood elevation where
elevation data is obtained from a Federal, State, or other source.
Such compliance activities are also eligible for Coverage D.
d. This coverage will also pay for the incremental cost, after
demolition or relocation, of elevating or floodproofing a structure
during its rebuilding at the same or another site to meet State or
local floodplain management laws or ordinances, subject to
Exclusion D.5.g.below relating to improvements.
e. This coverage will also pay to bring a flood-damaged
structure into compliance with State or local floodplain management
laws or ordinances even if the structure had received a variance
before the present loss from the applicable floodplain management
requirements.
4. Conditions.
a. When a structure covered under Coverage A - Building Property
sustains a loss caused by a flood, our payment for the loss under
this Coverage D will be for the increased cost to elevate,
floodproof, relocate, or demolish (or any combination of these
activities) caused by the enforcement of current State or local
floodplain management ordinances or laws. Our payment for eligible
demolition activities will be for the cost to demolish and clear
the site of the building debris or a portion thereof caused by the
enforcement of current State or local floodplain management
ordinances or laws. Eligible activities for the cost of clearing
the site will include those necessary to discontinue utility
service to the site and ensure proper abandonment of on-site
utilities.
b. When the building is repaired or rebuilt, it must be intended
for the same occupancy as the present building unless otherwise
required by current floodplain management ordinances or laws.
5. Exclusions.
Under this Coverage D - Increased Cost of Compliance, we will
not pay for:
a. The cost to comply with any floodplain management law or
ordinance in communities participating in the Emergency
Program.
b. The cost associated with enforcement of any ordinance or law
that requires any insured or others to test for, monitor, clean up,
remove, contain, treat, detoxify or neutralize, or in any way
respond to, or assess the effects of pollutants.
c. The loss in value to any insured building or other structure
due to the requirements of any ordinance or law.
d. The loss in residual value of the undamaged portion of a
building demolished as a consequence of enforcement of any State or
local floodplain management law or ordinance.
e. Any Increased Cost of Compliance under this Coverage D:
(1) Until the building is elevated, floodproofed, demolished, or
relocated on the same or to another premises; and
(2) Unless the building is elevated, floodproofed, demolished,
or relocated as soon as reasonably possible after the loss, not to
exceed two years.
f. Any code upgrade requirements, e.g., plumbing or electrical
wiring, not specifically related to the State or local floodplain
management law or ordinance.
g. Any compliance activities needed to bring additions or
improvements made after the loss occurred into compliance with
State or local floodplain management laws or ordinances.
h. Loss due to any ordinance or law that you were required to
comply with before the current loss.
i. Any rebuilding activity to standards that do not meet the
NFIP's minimum requirements. This includes any situation where the
insured has received from the State or community a variance in
connection with the current flood loss to rebuild the property to
an elevation below the base flood elevation.
j. Increased Cost of Compliance for a garage or carport.
k. Any structure insured under an NFIP Group Flood Insurance
Policy.
l. Assessments made by a condominium association on individual
condominium unit owners to pay increased costs of repairing
commonly owned buildings after a flood in compliance with State or
local floodplain management ordinances or laws.
6. Other Provisions.
a. Increased Cost of Compliance coverage will not be included in
the calculation to determine whether coverage meets the coinsurance
requirement for replacement cost coverage under VIII. General
Conditions, V. Loss Settlement.
b. All other conditions and provisions of this policy apply.
IV. Property Not Covered
We do not cover any of the following:
1. Personal property not inside the fully enclosed building;
2. A building, and personal property in it, located entirely in,
on, or over water or seaward of mean high tide, if constructed or
substantially improved after September 30, 1982;
3. Open structures, including a building used as a boathouse or
any structure or building into which boats are floated, and
personal property located in, on, or over water;
4. Recreational vehicles other than travel trailers described in
the Definitions Section (see II.B.6.c.) whether affixed to a
permanent foundation or on wheels;
5. Self-propelled vehicles or machines, including their parts
and equipment.
However, we do cover self-propelled vehicles or machines,
provided they are not licensed for use on public roads and are:
a. Used mainly to service the described location, or
b. Designed and used to assist handicapped persons, while the
vehicles or machines are inside a building at the described
location;
6. Land, land values, lawns, trees, shrubs, plants, growing
crops, or animals;
7. Accounts, bills, coins, currency, deeds, evidences of debt,
medals, money, scrip, stored value cards, postage stamps,
securities, bullion, manuscripts, or other valuable papers;
8. Underground structures and equipment, including wells, septic
tanks, and septic systems;
9. Those portions of walks, walkways, decks, driveways, patios,
and other surfaces, all whether protected by a roof or not, located
outside the perimeter, exterior walls of the insured building;
10. Containers, including related equipment, such as, but not
limited to, tanks containing gases or liquids;
11. Buildings and all their contents if more than 49% of the
actual cash value of the building is below ground, unless the
lowest level is at or above the base flood elevation and is below
ground by reason of earth having been used as insulation material
in conjunction with energy efficient building techniques;
12. Fences, retaining walls, seawalls, bulkheads, wharves,
piers, bridges, and docks;
13. Aircraft or watercraft, or their furnishings and
equipment;
14. Hot tubs and spas that are not bathroom fixtures, and
swimming pools, and their equipment such as, but not limited to,
heaters, filters, pumps, and pipes, wherever located;
15. Property not eligible for flood insurance pursuant to the
provisions of the Coastal Barrier Resources Act and the Coastal
Barrier Improvements Act of 1990 and amendments to these Acts;
16. Personal property used in connection with any incidental
commercial occupancy or use of the building.
V. Exclusions
A. We only pay for direct physical loss by or from flood, which
means that we do not pay you for:
1. Loss of revenue or profits;
2. Loss of access to the insured property or described
location;
3. Loss of use of the insured property or described
location;
4. Loss from interruption of business or production;
5. Any additional living expenses incurred while the insured
building is being repaired or is unable to be occupied for any
reason;
6. The cost of complying with any ordinance or law requiring or
regulating the construction, demolition, remodeling, renovation, or
repair of property, including removal of any resulting debris. This
exclusion does not apply to any eligible activities that we
describe in Coverage D - Increased Cost of Compliance; or
7. Any other economic loss.
B. We do not insure a loss directly or indirectly caused by a
flood that is already in progress at the time and date:
1. The policy term begins; or
2. Coverage is added at your request.
C. We do not insure for loss to property caused directly by
earth movement even if the earth movement is caused by flood. Some
examples of earth movement that we do not cover are:
1. Earthquake;
2. Landslide;
3. Land subsidence;
4. Sinkholes;
5. Destabilization or movement of land that results from
accumulation of water in subsurface land areas; or
6. Gradual erosion.
We do, however, pay for losses from mudflow and land subsidence
as a result of erosion that are specifically covered under our
definition of flood (see II.A.1.c. and II.A.2.).
D. We do not insure for direct physical loss caused directly or
indirectly by:
1. The pressure or weight of ice;
2. Freezing or thawing;
3. Rain, snow, sleet, hail, or water spray;
4. Water, moisture, mildew, or mold damage that results
primarily from any condition:
a. Substantially confined to the insured building; or
b. That is within your control including, but not limited
to:
(1) Design, structural, or mechanical defects;
(2) Failures, stoppages, or breakage of water or sewer lines,
drains, pumps, fixtures, or equipment; or
(3) Failure to inspect and maintain the property after a flood
recedes;
5. Water or water-borne material that:
a. Backs up through sewers or drains;
b. Discharges or overflows from a sump, sump pump, or related
equipment; or
c. Seeps or leaks on or through insured property;
unless there is a flood in the area and the flood is the proximate
cause of the sewer, drain, or sump pump discharge or overflow, or
the seepage of water;
6. The pressure or weight of water unless there is a flood in
the area and the flood is the proximate cause of the damage from
the pressure or weight of water.
7. Power, heating, or cooling failure unless the failure results
from direct physical loss by or from flood to power, heating or
cooling equipment situated on the described location;
8. Theft, fire, explosion, wind, or windstorm;
9. Anything you or your agents do or conspire to do to cause
loss by flood deliberately; or
10. Alteration of the insured property that significantly
increases the risk of flooding.
E. We do not insure for loss to any building or personal
property located on land leased from the Federal Government,
arising from or incident to the flooding of the land by the Federal
Government, where the lease expressly holds the Federal Government
harmless under flood insurance issued under any Federal Government
program.
F. We do not pay for the testing for or monitoring of pollutants
unless required by law or ordinance.
VI. Deductibles
A. When a loss is covered under this policy, we will pay only
that part of the loss that exceeds the applicable deductible
amount, subject to the limit of insurance that applies. The
deductible amount is shown on the Declarations Page.
However, when a building under construction, alteration, or
repair does not have at least two rigid exterior walls and a fully
secured roof at the time of loss, your deductible amount will be
two times the deductible that would otherwise apply to a completed
building.
B. In each loss from flood, separate deductibles apply to the
building and personal property insured by this policy.
C. No deductible applies to:
1. III.C.2. Loss Avoidance Measures; or
2. III.D. Increased Cost of Compliance.
VII. Coinsurance
A. This Coinsurance Section applies only to coverage on the
building.
B. We will impose a penalty on loss payment unless the amount of
insurance applicable to the damaged building is:
1. At least 80% of its replacement cost; or
2. The maximum amount of insurance available for that building
under the NFIP, whichever is less.
C. If the actual amount of insurance on the building is less
than the required amount in accordance with the terms of VII. B.
above, then loss payment is determined as follows (subject to all
other relevant conditions in this policy, including those
pertaining to valuation, adjustment, settlement, and payment of
loss):
1. Divide the actual amount of insurance carried on the building
by the required amount of insurance.
2. Multiply the amount of loss, before application of the
deductible, by the figure determined in C.1. above.
3. Subtract the deductible from the figure determined in C.2.
above.
We will pay the amount determined in C.3. above, or the amount
of insurance carried, whichever is less. The amount of insurance
carried, if in excess of the applicable maximum amount of insurance
available under the NFIP, is reduced accordingly.
Examples Example #1 (Inadequate Insurance) Replacement value of the
building - $250,000 Required amount of insurance - $200,000 (80% of
replacement value of $250,000) Actual amount of insurance carried -
$180,000 Amount of the loss - $150,000 Deductible - $500 Step
1:180,000 ÷ 200,000 = .90 (90% of what should be carried.) Step 2:
150,000 × .90 = 135,000 Step 3: 135,000 − 500 = 134,500
We will pay no more than $134,500. The remaining $15,500 is not
covered due to the coinsurance penalty ($15,000) and application of
the deductible ($500).
Example #2 (Adequate Insurance) Replacement value of the building -
$500,000 Required amount of insurance - $400,000 (80% of
replacement value of $500,000) Actual amount of insurance carried -
$400,000 Amount of the loss - $200,000 Deductible - $500
In this example there is no coinsurance penalty, because the
actual amount of insurance carried meets the required amount. We
will pay no more than $199,500 ($200,000 amount of loss minus the
$500 deductible).
D. In calculating the full replacement cost of a building:
1. The replacement cost value of any covered building property
will be included;
2. The replacement cost value of any building property not
covered under this policy will not be included; and
3. Only the replacement cost value of improvements installed by
the condominium association will be included.
VIII. General Conditions
A. Pair and Set Clause.
In case of loss to an article that is part of a pair or set, we
will have the option of paying you:
1. An amount equal to the cost of replacing the lost, damaged,
or destroyed article, less depreciation; or
2. An amount which represents the fair proportion of the total
value of the pair or set that the lost, damaged, or destroyed
article bears to the pair or set.
B. Concealment or Fraud and Policy Voidance.
1. With respect to all insureds under this policy, this
policy:
a. Is void,
b. Has no legal force or effect,
c. Cannot be renewed, and
d. Cannot be replaced by a new NFIP policy, if, before or after
a loss, you or any other insured or your agent have at any
time:
(1) Intentionally concealed or misrepresented any material fact
or circumstance,
(2) Engaged in fraudulent conduct, or
(3) Made false statements,
relating to this policy or any other NFIP insurance.
2. This policy will be void as of the date the wrongful acts
described in B.1. above were committed.
3. Fines, civil penalties, and imprisonment under applicable
Federal laws may also apply to the acts of fraud or concealment
described above.
4. This policy is also void for reasons other than fraud,
misrepresentation, or wrongful act. This policy is void from its
inception and has no legal force under the following
conditions:
a. If the property is located in a community that was not
participating in the NFIP on the policy's inception date and did
not join or re-enter the program during the policy term and before
the loss occurred; or
b. If the property listed on the application is not otherwise
eligible for coverage under the NFIP.
C. Other Insurance.
1. If a loss covered by this policy is also covered by other
insurance that includes flood coverage not issued under the Act, we
will not pay more than the amount of insurance that you are
entitled to for lost, damaged or destroyed property insured under
this policy subject to the following:
a. We will pay only the proportion of the loss that the amount
of insurance that applies under this policy bears to the total
amount of insurance covering the loss, unless C.1.b. or c.
immediately below applies.
b. If the other policy has a provision stating that it is excess
insurance, this policy will be primary.
c. This policy will be primary (but subject to its own
deductible) up to the deductible in the other flood policy (except
another policy as described in C.1.b. above). When the other
deductible amount is reached, this policy will participate in the
same proportion that the amount of insurance under this policy
bears to the total amount of both policies, for the remainder of
the loss.
2. If there is a flood insurance policy in the name of a unit
owner that covers the same loss as this policy, then this policy
will be primary.
D. Amendments, Waivers, Assignment.
This policy cannot be changed nor can any of its provisions be
waived without the express written consent of the Federal Insurance
Administrator. No action that we take under the terms of this
policy constitutes a waiver of any of our rights. You may assign
this policy in writing when you transfer title of your property to
someone else except under these conditions:
1. When this policy covers only personal property; or
2. When this policy covers a structure during the course of
construction.
E. Cancellation of Policy by You.
1. You may cancel this policy in accordance with the applicable
rules and regulations of the NFIP.
2. If you cancel this policy, you may be entitled to a full or
partial refund of premium also under the applicable rules and
regulations of the NFIP.
F. Non-Renewal of the Policy by Us.
Your policy will not be renewed:
1. If the community where your covered property is located stops
participating in the NFIP, or
2. Your building has been declared ineligible under section 1316
of the Act.
G. Reduction and Reformation of Coverage.
1. If the premium we received from you was not enough to buy the
kind and amount of coverage you requested, we will provide only the
amount of coverage that can be purchased for the premium payment we
received.
2. The policy can be reformed to increase the amount of coverage
resulting from the reduction described in G.1. above the amount
that you requested as follows:
a. Discovery of Insufficient Premium or Incomplete Rating
Information Before a Loss.
(1) If we discover before you have a flood loss that your
premium payment was not enough to buy the requested amount of
coverage, we will send you and any mortgagee or trustee known to us
a bill for the required additional premium for the current policy
term (or that portion of the current policy term following any
endorsement changing the amount of coverage). If you or the
mortgagee or trustee pay the additional premium within 30 days from
the date of our bill, we will reform the policy to increase the
amount of coverage to the originally requested amount effective to
the beginning of the current policy term (or subsequent date of any
endorsement changing the amount of coverage).
(2) If we determine before you have a flood loss that the rating
information we have is incomplete and prevents us from calculating
the additional premium, we will ask you to send the required
information. You must submit the information within 60 days of our
request. Once we determine the amount of additional premium for the
current policy term, we will follow the procedure in G.2.a.(1)
above.
(3) If we do not receive the additional premium (or additional
information) by the date it is due, the amount of coverage can only
be increased by endorsement subject to any appropriate waiting
period.
b. Discovery of Insufficient Premium or Incomplete Rating
Information After a Loss.
(1) If we discover after you have a flood loss that your premium
payment was not enough to buy the requested amount of coverage, we
will send you and any mortgagee or trustee known to us a bill for
the required additional premium for the current and the prior
policy terms. If you or the mortgagee or trustee pay the additional
premium within 30 days of the date of our bill, we will reform the
policy to increase the amount of coverage to the originally
requested amount effective to the beginning of the prior policy
term.
(2) If we discover after you have a flood loss that the rating
information we have is incomplete and prevents us from calculating
the additional premium, we will ask you to send the required
information. You must submit the information before your claim can
be paid. Once we determine the amount of additional premium for the
current and prior policy terms, we will follow the procedure in
G.2.b.(1) above.
(3) If we do not receive the additional premium by the date it
is due, your flood insurance claim will be settled based on the
reduced amount of coverage. The amount of coverage can only be
increased by endorsement subject to any appropriate waiting
period.
3. However, if we find that you or your agent intentionally did
not tell us, or falsified, any important fact or circumstance or
did anything fraudulent relating to this insurance, the provisions
of Condition B. Concealment or Fraud and Policy Voidance above
apply.
H. Policy Renewal.
1. This policy will expire at 12:01 a.m. on the last day of the
policy term.
2. We must receive the payment of the appropriate renewal
premium within 30 days of the expiration date.
3. If we find, however, that we did not place your renewal
notice into the U.S. Postal Service, or if we did mail it, we made
a mistake, e.g., we used an incorrect, incomplete, or
illegible address, which delayed its delivery to you before the due
date for the renewal premium, then we will follow these
procedures:
a. If you or your agent notified us, not later than one year
after the date on which the payment of the renewal premium was due,
of nonreceipt of a renewal notice before the due date for the
renewal premium, and we determine that the circumstances in the
preceding paragraph apply, we will mail a second bill providing a
revised due date, which will be 30 days after the date on which the
bill is mailed.
b. If we do not receive the premium requested in the second bill
by the revised due date, then we will not renew the policy. In that
case, the policy will remain as an expired policy as of the
expiration date shown on the Declarations Page.
4. In connection with the renewal of this policy, we may ask you
during the policy term to re-certify, on a Recertification
Questionnaire that we will provide you, the rating information used
to rate your most recent application for or renewal of
insurance.
I. Conditions Suspending or Restricting Insurance.
We are not liable for loss that occurs while there is a hazard
that is increased by any means within your control or
knowledge.
J. Requirements in Case of Loss.
In case of a flood loss to insured property, you must:
1. Give prompt written notice to us;
2. As soon as reasonably possible, separate the damaged and
undamaged property, putting it in the best possible order so that
we may examine it;
3. Prepare an inventory of damaged personal property showing the
quantity, description, actual cash value, and amount of loss.
Attach all bills, receipts and related documents;
4. Within 60 days after the loss, send us a proof of loss, which
is your statement of the amount you are claiming under the policy
signed and sworn to by you, and which furnishes us with the
following information:
a. The date and time of loss;
b. A brief explanation of how the loss happened;
c. Your interest (for example, “owner”) and the interest, if
any, of others in the damaged property;
d. Details of any other insurance that may cover the loss;
e. Changes in title or occupancy of the insured property during
the term of the policy;
f. Specifications of damaged insured buildings and detailed
repair estimates;
g. Names of mortgagees or anyone else having a lien, charge, or
claim against the insured property;
h. Details about who occupied any insured building at the time
of loss and for what purpose; and
i. The inventory of damaged personal property described in J.3.
above.
5. In completing the proof of loss, you must use your own
judgment concerning the amount of loss and justify that amount.
6. You must cooperate with the adjuster or representative in the
investigation of the claim.
7. The insurance adjuster whom we hire to investigate your claim
may furnish you with a proof of loss form, and she or he may help
you complete it. However, this is a matter of courtesy only, and
you must still send us a proof of loss within sixty days after the
loss even if the adjuster does not furnish the form or help you
complete it.
8. We have not authorized the adjuster to approve or disapprove
claims or to tell you whether we will approve your claim.
9. At our option, we may accept the adjuster's report of the
loss instead of your proof of loss. The adjuster's report will
include information about your loss and the damages you sustained.
You must sign the adjuster's report. At our option, we may require
you to swear to the report.
K. Our Options After a Loss.
Options that we may, in our sole discretion, exercise after loss
include the following:
1. At such reasonable times and places that we may designate,
you must:
a. Show us or our representative the damaged property;
b. Submit to examination under oath, while not in the presence
of another insured, and sign the same; and
c. Permit us to examine and make extracts and copies of:
(1) Any policies of property insurance insuring you against loss
and the deed establishing your ownership of the insured real
property;
(2) Condominium association documents including the Declarations
of the condominium, its Articles of Association or Incorporation,
Bylaws, and rules and regulations; and
(3) All books of accounts, bills, invoices and other vouchers,
or certified copies pertaining to the damaged property if the
originals are lost.
2. We may request, in writing, that you furnish us with a
complete inventory of the lost, damaged, or destroyed property,
including:
a. Quantities and costs;
b. Actual cash values or replacement cost (whichever is
appropriate);
c. Amounts of loss claimed;
d. Any written plans and specifications for repair of the
damaged property that you can make reasonably available to us;
and
e. Evidence that prior flood damage has been repaired.
3. If we give you written notice within 30 days after we receive
your signed, sworn proof of loss, we may:
a. Repair, rebuild, or replace any part of the lost, damaged, or
destroyed property with material or property of like kind and
quality or its functional equivalent; and
b. Take all or any part of the damaged property at the value we
agree upon or its appraised value.
L. No Benefit to Bailee.
No person or organization, other than you, having custody of
covered property will benefit from this insurance.
M. Loss Payment.
1. We will adjust all losses with you. We will pay you unless
some other person or entity is named in the policy or is legally
entitled to receive payment. Loss will be payable 60 days after we
receive your proof of loss (or within 90 days after the insurance
adjuster files an adjuster's report signed and sworn to by you in
lieu of a proof of loss) and:
a. We reach an agreement with you;
b. There is an entry of a final judgment; or
c. There is a filing of an appraisal award with us, as provided
in VIII. P.
2. If we reject your proof of loss in whole or in part you
may:
a. Accept such denial of your claim;
b. Exercise your rights under this policy; or
c. File an amended proof of loss as long as it is filed within
60 days of the date of the loss.
N. Abandonment.
You may not abandon damaged or undamaged insured property to
us.
O. Salvage.
We may permit you to keep damaged insured property after a loss,
and we will reduce the amount of the loss proceeds payable to you
under the policy by the value of the salvage.
P. Appraisal.
If you and we fail to agree on the actual cash value or, if
applicable, replacement cost of the damaged property so as to
determine the amount of loss, then either may demand an appraisal
of the loss. In this event, you and we will each choose a competent
and impartial appraiser within 20 days after receiving a written
request from the other. The two appraisers will choose an umpire.
If they cannot agree upon an umpire within 15 days, you or we may
request that the choice be made by a judge of a court of record in
the state where the insured property is located. The appraisers
will separately state the actual cash value, the replacement cost,
and the amount of loss to each item. If the appraisers submit a
written report of an agreement to us, the amount agreed upon will
be the amount of loss. If they fail to agree, they will submit
their differences to the umpire. A decision agreed to by any two
will set the amount of actual cash value and loss, or if it
applies, the replacement cost and loss.
Each party will:
1. Pay its own appraiser; and
2. Bear the other expenses of the appraisal and umpire
equally.
Q. Mortgage Clause.
The word “mortgagee” includes trustee.
Any loss payable under Coverage A - Building will be paid to any
mortgagee of whom we have actual notice, as well as any other
mortgagee or loss payee determined to exist at the time of loss,
and you, as interests appear. If more than one mortgagee is named,
the order of payment will be the same as the order of precedence of
the mortgages.
If we deny your claim, that denial will not apply to a valid
claim of the mortgagee, if the mortgagee:
1. Notifies us of any change in the ownership or occupancy, or
substantial change in risk, of which the mortgagee is aware;
2. Pays any premium due under this policy on demand if you have
neglected to pay the premium; and
3. Submits a signed, sworn proof of loss within 60 days after
receiving notice from us of your failure to do so.
All of the terms of this policy apply to the mortgagee.
The mortgagee has the right to receive loss payment even if the
mortgagee has started foreclosure or similar action on the
building.
If we decide to cancel or not renew this policy, it will
continue in effect for the benefit of the mortgagee only for 30
days after we notify the mortgagee of the cancellation or
non-renewal.
If we pay the mortgagee for any loss and deny payment to you, we
are subrogated to all the rights of the mortgagee granted under the
mortgage on the property. Subrogation will not impair the right of
the mortgagee to recover the full amount of the mortgagee's
claim.
R. Suit Against Us.
You may not sue us to recover money under this policy unless you
have complied with all the requirements of the policy. If you do
sue, you must start the suit within one year of the date of the
written denial of all or part of the claim and you must file the
suit in the United States District Court of the district in which
the insured property was located at the time of loss. This
requirement applies to any claim that you may have under this
policy and to any dispute that you may have arising out of the
handling of any claim under the policy.
S. Subrogation.
Whenever we make a payment for a loss under this policy, we are
subrogated to your right to recover for that loss from any other
person. That means that your right to recover for a loss that was
partly or totally caused by someone else is automatically
transferred to us, to the extent that we have paid you for the
loss. We may require you to acknowledge this transfer in writing.
After the loss, you may not give up our right to recover this money
or do anything that would prevent us from recovering it. If you
make any claim against any person who caused your loss and recover
any money, you must pay us back first before you may keep any of
that money.
T. Continuous Lake Flooding.
1. If an insured building has been flooded by rising lake waters
continuously for 90 days or more and it appears reasonably certain
that a continuation of this flooding will result in a covered loss
to the insured building equal to or greater than the building
policy limits plus the deductible or the maximum payable under the
policy for any one building loss, we will pay you the lesser of
these two amounts without waiting for the further damage to occur
if you sign a release agreeing:
a. To make no further claim under this policy;
b. Not to seek renewal of this policy;
c. Not to apply for any flood insurance under the Act for
property at the described location; and
d. Not to seek a premium refund for current or prior terms.
If the policy term ends before the insured building has been
flooded continuously for 90 days, the provisions of this paragraph
T.1. will apply as long as the insured building suffers a covered
loss before the policy term ends.
2. If your insured building is subject to continuous lake
flooding from a closed basin lake, you may elect to file a claim
under either paragraph T.1. above or this paragraph T.2. (A “closed
basin lake” is a natural lake from which water leaves primarily
through evaporation and whose surface area now exceeds or has
exceeded one square mile at any time in the recorded past. Most of
the nation's closed basin lakes are in the western half of the
United States where annual evaporation exceeds annual precipitation
and where lake levels and surface areas are subject to considerable
fluctuation due to wide variations in the climate. These lakes may
overtop their basins on rare occasions.) Under this paragraph T.2,
we will pay your claim as if the building is a total loss even
though it has not been continuously inundated for 90 days, subject
to the following conditions:
a. Lake flood waters must damage or imminently threaten to
damage your building.
b. Before approval of your claim, you must:
(1) Agree to a claim payment that reflects your buying back the
salvage on a negotiated basis; and
(2) Grant the conservation easement contained in FEMA's “Policy
Guidance for Closed Basin Lakes,” to be recorded in the office of
the local recorder of deeds. FEMA, in consultation with the
community in which the property is located, will identify on a map
an area or areas of special consideration (ASC) in which there is a
potential for flood damage from continuous lake flooding. FEMA will
give the community the agreed-upon map showing the ASC. This
easement will only apply to that portion of the property in the
ASC. It will allow certain agricultural and recreational uses of
the land. The only structures that it will allow on any portion of
the property within the ASC are certain simple agricultural and
recreational structures. If any of these allowable structures are
insurable buildings under the NFIP and are insured under the NFIP,
they will not be eligible for the benefits of this paragraph T.2.
If a U.S. Army Corps of Engineers certified flood control project
or otherwise certified flood control project later protects the
property, FEMA will, upon request, amend the ASC to remove areas
protected by those projects. The restrictions of the easement will
then no longer apply to any portion of the property removed from
the ASC; and
(3) Comply with paragraphs T.1.a. through T.1.d. above.
c. Within 90 days of approval of your claim, you must move your
building to a new location outside the ASC. FEMA will give you an
additional 30 days to move if you show there is sufficient reason
to extend the time.
d. Before the final payment of your claim, you must acquire an
elevation certificate and a floodplain development permit from the
local floodplain administrator for the new location of your
building.
e. Before the approval of your claim, the community having
jurisdiction over your building must:
(1) Adopt a permanent land use ordinance, or a temporary
moratorium for a period not to exceed 6 months to be followed
immediately by a permanent land use ordinance, that is consistent
with the provisions specified in the easement required in paragraph
T.2.b. above;
(2) Agree to declare and report any violations of this ordinance
to FEMA so that under Sec. 1316 of the National Flood Insurance Act
of 1968, as amended, flood insurance to the building can be denied;
and
(3) Agree to maintain as deed-restricted, for purposes
compatible with open space or agricultural or recreational use
only, any affected property the community acquires an interest in.
These deed restrictions must be consistent with the provisions of
paragraph T.2.b. above, except that even if a certified project
protects the property, the land use restrictions continue to apply
if the property was acquired under the Hazard Mitigation Grant
Program or the Flood Mitigation Assistance Program. If a non-profit
land trust organization receives the property as a donation, that
organization must maintain the property as deed-restricted,
consistent with the provisions of paragraph T.2.b. above.
f. Before the approval of your claim, the affected State must
take all action set forth in FEMA's “Policy Guidance for Closed
Basin Lakes.”
g. You must have NFIP flood insurance coverage continuously in
effect from a date established by FEMA until you file a claim under
this paragraph T.2. If a subsequent owner buys NFIP insurance that
goes into effect within 60 days of the date of transfer of title,
any gap in coverage during that 60-day period will not be a
violation of this continuous coverage requirement. For the purpose
of honoring a claim under this paragraph T.2., we will not consider
to be in effect any increased coverage that became effective after
the date established by FEMA. The exception to this is any
increased coverage in the amount suggested by your insurer as an
inflation adjustment.
h. This paragraph T.2. will be in effect for a community when
the FEMA Regional Director for the affected region provides to the
community, in writing, the following:
(1) Confirmation that the community and the State are in
compliance with the conditions in paragraphs T.2.e. and T.2.f.
above, and
(2) The date by which you must have flood insurance in
effect.
U. Duplicate Policies Not Allowed.
1. We will not insure your property under more than one NFIP
policy.
If we find that the duplication was not knowingly created, we
will give you written notice. The notice will advise you that you
may choose one of several options under the following
procedures:
a. If you choose to keep in effect the policy with the earlier
effective date, you may also choose to add the coverage limits of
the later policy to the limits of the earlier policy. The change
will become effective as of the effective date of the later
policy.
b. If you choose to keep in effect the policy with the later
effective date, you may also choose to add the coverage limits of
the earlier policy to the limits of the later policy. The change
will be effective as of the effective date of the later policy.
In either case, you must pay the pro rata premium for the
increased coverage limits within 30 days of the written notice. In
no event will the resulting coverage limits exceed the permissible
limits of coverage under the Act or your insurable interest,
whichever is less. We will make a refund to you, according to
applicable NFIP rules, of the premium for the policy not being kept
in effect.
2. The insured's option under this condition U. Duplicate
Policies Not Allowed to elect which NFIP policy to keep in effect
does not apply when duplicates have been knowingly created. Losses
occurring under such circumstances will be adjusted according to
the terms and conditions of the earlier policy. The policy with the
later effective date must be canceled.
V. Loss Settlement.
1. Introduction
This policy provides three methods of settling losses:
Replacement Cost, Special Loss Settlement, and Actual Cash Value.
Each method is used for a different type of property, as explained
in a.-c. below.
a. Replacement Cost Loss Settlement described in V.2. below
applies to buildings other than manufactured homes or travel
trailers.
b. Special Loss Settlement described in V.3. below applies to a
residential condominium building that is a travel trailer or a
manufactured home.
c. Actual Cash Value loss settlement applies to all other
property covered under this policy, as outlined in V.4. below.
2. Replacement Cost Loss Settlement
a. We will pay to repair or replace a damaged or destroyed
building, after application of the deductible and without deduction
for depreciation, but not more than the least of the following
amounts:
(1) The amount of insurance in this policy that applies to the
building;
(2) The replacement cost of that part of the building damaged,
with materials of like kind and quality, and for like occupancy and
use; or
(3) The necessary amount actually spent to repair or replace the
damaged part of the building for like occupancy and use.
b. We will not be liable for any loss on a Replacement Cost
Coverage basis unless and until actual repair or replacement of the
damaged building or parts thereof, is completed.
c. If a building is rebuilt at a location other than the
described location, we will pay no more than it would have cost to
repair or rebuild at the described location, subject to all other
terms of Replacement Cost Loss Settlement.
3. Special Loss Settlement
a. The following loss settlement conditions apply to a
residential condominium building that is: (1) a manufactured home
or travel trailer, as defined in II.B.6.b. and c., and (2) at least
16 feet wide when fully assembled and has at least 600 square feet
within its perimeter walls when fully assembled.
b. If such a building is totally destroyed or damaged to such an
extent that, in our judgment, it is not economically feasible to
repair, at least to its pre-damaged condition, we will, at our
discretion, pay the least of the following amounts:
(1) The lesser of the replacement cost of the manufactured home
or travel trailer or 1.5 times the actual cash value; or
(2) The Building Limit of liability shown on your Declarations
Page.
c. If such a manufactured home or travel trailer is partially
damaged and, in our judgment, it is economically feasible to repair
it to its pre-damaged condition, we will settle the loss according
to the Replacement Cost Loss Settlement conditions in V.2.
above.
4. Actual Cash Value Loss Settlement
a. The types of property noted below are subject to actual cash
value loss settlement:
(1) Personal property;
(2) Insured property abandoned after a loss and that remains as
debris at the described location;
(3) Outside antennas and aerials, awning, and other outdoor
equipment;
(4) Carpeting and pads;
(5) Appliances; and
(6) A manufactured home or mobile home or a travel trailer as
defined in II.B.6.b. or c. that does not meet the conditions for
special loss settlement in V.3. above.
b. We will pay the least of the following amounts:
(1) The applicable amount of insurance under this policy;
(2) The actual cash value (as defined in II.B.2.); or
(3) The amount it would cost to repair or replace the property
with material of like kind and quality within a reasonable time
after the loss.
IX. Liberalization Clause
If we make a change that broadens your coverage under this
edition of our policy, but does not require any additional premium,
then that change will automatically apply to your insurance as of
the date we implement the change, provided that this implementation
date falls within 60 days before or during the policy term stated
on the Declarations Page.
X. What Law Governs
This policy and all disputes arising from the handling of any
claim under the policy are governed exclusively by the flood
insurance regulations issued by FEMA, the National Flood Insurance
Act of 1968, as amended (42 U.S.C. 4001, et seq.), and
Federal common law.
In Witness Whereof, we have signed this policy below and
hereby enter into this Insurance Agreement.
Administrator, Federal Insurance Administration. [65 FR
60785, Oct. 12, 2000, as amended at 68 FR 9897, Mar. 3, 2003]