News & Analysis as of

FEMA Flood Insurance

Ward and Smith, P.A.

What! My Flood Policy Doesn’t Cover Flood Damage?! This, and Other Pitfalls of NFIP Flood Insurance Policies

Ward and Smith, P.A. on

Congress created the National Flood Insurance Program (the "NFIP") to help make flood insurance more affordable in areas prone to flood damage.  FEMA oversees the program and writes the terms of the Standard Flood Insurance...more

Holland & Knight LLP

New Jersey Expands Real Property Owners' Flood Notification Obligations

Holland & Knight LLP on

New Jersey Gov. Phil Murphy signed into law the Flood Risk Notification Law (P.L. 2023, c.93) on July 3, 2023, amending the Truth-in-Renting Act (P.L. 2001, c.313) and supplementing the Consumer Fraud Act (P.L. 1960, c.39),...more

BCLP

Climate Change Due Diligence for Real Estate Acquisitions

BCLP on

By 2050 rising sea levels will exacerbate episodic storm surges and inundate an estimated 87,000 square kilometers (21.5 million acres) of coastal areas worldwide, exposing $1.7 trillion of real estate to catastrophic damage....more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Imposes New Flood Hazard Disclosure Requirements on Sellers and Landlords

The New Jersey statute concerning real property and flood notifications, commonly referred to as the Flood Hazard Disclosure Law, was enacted on July 3, 2023. The law imposes certain disclosure requirements on both landlords...more

Cozen O'Connor

Certain Residential Leases Must Now Disclose Flood History and Risk

Cozen O'Connor on

Effective immediately, Section 231-B of New York Real Property Law (Section 231-B) has been amended to require that every existing and prospective residential lease provide a notice to the tenant related to the leased...more

Faegre Drinker Biddle & Reath LLP

National Flood Insurance Program: 2023 Refresher and Updates

As we enter the last quarter of a year that saw historic flooding across the country, including most recently in New York City, it is a good time to review the National Flood Insurance Program (NFIP) and highlight a few...more

Harris Beach PLLC

New York Revises Property Disclosure Forms to Address Flood Risk

Harris Beach PLLC on

New York home sellers now must disclose information about flood risk, flood history and flood insurance to potential buyers under legislation recently signed by Gov. Kathy Hochul, further amending the requirements of the...more

McDermott Will & Emery

Insurance Protection Gaps: Searching for Solutions

McDermott Will & Emery on

Given the vast number of proposals to close “the protection gap” offered by regulators, reinsurers, insurers, brokers and other industry participants in recent years, it is a wonder that it persists. But to many observers, it...more

Woodruff Sawyer

Flood and Water Damage: Which Insurance Policy Do You Turn To?

Woodruff Sawyer on

The new year brought a series of ferocious storms that ravaged the California coast for weeks. By mid-January, this so-called “atmospheric river” caused at least eight million Californians to be under flood watch as wind and...more

Woodruff Sawyer

Managing the Risk of Floods

Woodruff Sawyer on

In the face of winter—and all the wet weather that comes with it—FEMA’s National Flood Insurance Program would like everyone to understand the risks of flooding. Flooding has occurred across many parts of the country (yes,...more

J.S. Held

Flooding & Storm Surge: Understanding the Differences & Impacts

J.S. Held on

Flooding is the most common natural disaster in the United States, with every state having experienced some aspect of it in recent years1. Storm surge flooding, which occurs particularly in coastal areas as the result of...more

J.S. Held

FEMA’s Commonly Misinterpreted ‘50% Rule’

J.S. Held on

Did you know that a residential structure is three times as likely to experience a flood than a fire over the 30-year life of a mortgage? In fact, flooding is the most common type of natural disaster in the United States and...more

Bradley Arant Boult Cummings LLP

FEMA to Issue New Homeowner Flood Form

For the first time in more than 20 years, FEMA has announced plans to make changes to its Standard Flood Insurance Policy (SFIP). Under the proposal, FEMA would introduce a new Homeowner Flood Form, to be published at 44...more

Bradley Arant Boult Cummings LLP

The Future of the National Flood Insurance Program – A Legislative Update

Congress has reauthorized the National Flood Insurance Program (NFIP) through February 18, 2022. Prior to this most recent temporary reauthorization, the NFIP had been set to expire on December 3, 2021. Since 2017, there...more

Flaster Greenberg PC

After Ida, A Look At Sandy’s Flood Insurance Lessons

Flaster Greenberg PC on

Hurricane Ida once again exposed our nation’s severe vulnerability to natural disasters. One-hundred-year storms are now pummeling us on what seems to be an annual basis. The breadth of Ida’s impact was unique, however,...more

Gould + Ratner LLP

Owners and Developers Beware: FEMA Flood Insurance Program Is Changing Along With the Climate

Gould + Ratner LLP on

One of the issues contributing to an increasingly volatile construction space for owners and developers is the cost and availability of insurance during and after construction of a project. As a result of accelerated climate...more

Moore & Van Allen PLLC

Water Under the Bridge: Revised Interagency Flood Insurance Q&As to Replace Decade-Old Q&As

Moore & Van Allen PLLC on

For the first time in nearly a decade, the Office of the Comptroller of the Currency, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, Farm Credit Administration, and the National...more

Bradley Arant Boult Cummings LLP

FEMA Releases Flood Insurance Rating Methodology Under Risk Rating 2.0

On April 1, 2021, FEMA released its highly anticipated flood insurance rating methodology, Risk Rating 2.0-Equity in Action. FEMA first announced “Risk Rating 2.0-Equity in Action” in March 2019 as an effort to improve...more

Downey Brand LLP

FEMA Moves Out on New Insurance Ratings

Downey Brand LLP on

On April 1, 2021, the Federal Emergency Management Agency (FEMA) released an official announcement (Release Number HQ-21-079) and Memorandum for Write Your Own (WYO) Principal Coordinators and the National Flood Insurance...more

Shutts & Bowen LLP

How Big Changes Coming to Flood Insurance Will Affect Commercial Property in Florida

Shutts & Bowen LLP on

The Federal Emergency Management Agency (FEMA) administers the National Flood Insurance Program (NFIP). The NFIP offers insurance coverage for physical losses to buildings and/or contents caused by a flood. Over the years,...more

Bradley Arant Boult Cummings LLP

Flood Insurance: Busy Hurricane Season Ahead and COVID-19 Extension

June 1 marked the start of hurricane season, and according to the National Oceanic and Atmospheric Administration (NOAA), the Atlantic hurricane season will be a busy one. NOAA predicts a 60% chance of an above-normal season,...more

Dechert LLP

Flood Insurance, Commercial Real Estate and Climate Change

Dechert LLP on

Climate change is forcing the commercial real estate industry to re-think the effectiveness of flood insurance that developers, lenders and investors have relied on for decades. Rising sea levels and more extreme weather...more

Downey Brand LLP

How Flood Insurance and Endangered Species Are Connected

Downey Brand LLP on

Most people would not associate flood insurance with the protection of endangered species. But over the past decade, the Federal Emergency Management Agency (FEMA) has been the target of multiple lawsuits alleging that the...more

Zelle  LLP

Latest Arkansas Floods Will Test The Already Vulnerable National Flood Insurance Program

Zelle LLP on

President Trump recently declared the flooding throughout the Gulf Coast a National Emergency and pledged federal resources, including FEMA, to assist with the recovery efforts. All the while, one of the linchpins in...more

Ward and Smith, P.A.

What! My Flood Policy Doesn’t Cover Flood Damage?! This, and Other Pitfalls of NFIP Flood Insurance Policies

Ward and Smith, P.A. on

Congress created the National Flood Insurance Program (the "NFIP") to help make flood insurance more affordable in higher-risk areas. FEMA oversees the program and writes the terms of the Standard Flood Insurance Policy...more

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