Flood Insurance

News & Analysis as of

When the Minimum is Not Enough: Eleventh Circuit Rules that Lenders May Require Borrowers to Obtain More than the Minimum Flood...

The United States Court of Appeals for the Eleventh Circuit recently resolved a district court split regarding minimum flood insurance coverage by holding that a lender may require a borrower who has a federally-insured...more

Argument That Rain Alone Can’t Cause a Flood “Would be News to Noah” Says a California Court

Last month an appellate court in California looked to the Bible, citing the Book of Genesis when rejecting the argument that an inundation caused solely by heavy rain was not an excluded flood. The opinion was handed down in...more

New York Court: Storm Surge is a Species of Excluded Flood

One of the most litigated issues in the Gulf States in the wake of Hurricane Katrina was whether flood exclusions bar coverage for loss by storm surge. The courts ultimately decided that the answer was yes....more

New York Court Finds Delay In Completion Losses Are Subject To Flood Annual Aggregate Limit

In El-Ad 250 West LLC v. Zurich American Ins. Co., 2014 N.Y. Misc. LEXIS 2838 (June 27, 2014), a New York court analyzed the application of various provisions contained in a Builders Risk Insurance Policy (the “Policy”)...more

New York Court: All Sandy Losses, Including “Downstream” Financial Ones, Capped By Annual Aggregate Limit For Flood

Superstorm Sandy jurisprudence is starting to shed light on some unresolved issues in the effected states. In El-Ad 250 West LLC v. Zurich American Ins. Co., — N.Y.S.2d —, 2014 WL 2931058 (N.Y.Cty., June 27, 2014), a New...more

Louisiana Court Finds in Favor of Flood Insurer Where Insured Submitted an Incomplete Proof of Loss

Roussell v. Allstate Insurance Company, 2014 U.S. Dist. LEXIS 82319 (E.D. La. June 17, 2014) involved a dispute over insurance coverage related to the damage caused to the plaintiff’s property by Hurricane Isaac on August 29,...more

Prudential Regulators Issue Statement On Increased Maximum Flood Insurance Coverage

On May 30, the OCC, the FDIC, the Federal Reserve Board, the NCUA, and the Farm Credit Administration issued an interagency statement regarding the increased maximum amount of flood insurance available for “Other Residential...more

Agencies Issue Statement on Increased Maximum Flood Insurance Coverage for Other Residential Buildings

The Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Farm Credit Administration, the National Credit Union Administration, and the Federal Deposit Insurance Corporation...more

Federal Banking Agencies Issue Guidance on Flood Insurance Requirements for Existing Loans Secured by Multi-Family Residential...

As we have previously advised, the maximum amount of flood insurance available under the National Flood Insurance Program (“NFIP”) for multi-family residential buildings with five or more units will increase from $250,000 to...more

Bad Faith Claim Against Insurer Ruled Unsustainable by New York Federal Courts Where Based on Same Facts as Breach of Contract...

Two recent New York federal court decisions – 433 Main Street Realty, et al. v. Darwin National Assurance Co., No. 14-cv-587 (NGG) (VMS) (E.D.N.Y. Apr. 22, 2014) and County of Orange v. The Travelers Indemnity Co. No....more

Texas Court Upholds Flood Exclusion

The Texas Court of Appeals recently examined the breadth of a flood exclusion contained in a homeowners’ insurance policy. In George v. State Farm Lloyds, No. 07-12-00465-cv, 2014 Tex. App. LEXIS 5356 (Tex. App. Ct. May 19,...more

NAIC Report: 2014 Spring National Meeting

The National Association of Insurance Commissioners (NAIC) met for its Spring National Meeting in Orlando, Florida from March 29 through April 1. Typical for the first national meeting of the year, much activity was focused...more

President Signs Flood Insurance Bill

On March 21, President Obama signed the Homeowner Flood Insurance Affordability Act of 2013, which includes several provisions impacting previously enacted mandatory flood insurance purchase requirements. The bill, among...more

Flood Insurance Reform Bill with Escrow Amendments Awaits President’s Signature

The U.S. House of Representatives and Senate recently passed, and the President is expected to sign into law, amendments to the Biggert-Waters Flood Insurance Reform Act of 2012 (the Act). The legislation seeks to address...more

New Ruling Permits Lenders to Require Flood Insurance Coverage in Excess of Loan Amount

Recent events have been highlighted in the press, regarding the redrawing of federal flood hazard maps and proposed increases in premium rates for flood insurance for property owners within special flood hazard zones, which...more

2014 Legislative Session: Bills To Watch

On Tuesday, March 4th, Florida lawmakers gathered in Tallahassee for the start of the 2014 legislative session. Lawmakers now have 60 days to pass their bills into law. For those of us in South Florida, we want to follow this...more

Maximum Flood Insurance Available For Multi-Family Residential Buildings With Five Or More Units Increases To $500,000 As Of June...

The maximum amount of flood insurance available under the National Flood Insurance Program (“NFIP”) for multi-family residential buildings with five or more units will increase from $250,000 to $500,000 effective as of June...more

Eleventh Circuit Rules Lenders Can Demand Flood Insurance Coverage That Exceeds Loan Balance

Agreeing with the First Circuit’s recent en banc ruling in Kolbe v. BAC Home Loans Servicing LP, — F.3d —, 2013 WL 5394192 (1st Cir. Sept. 27, 2013), the United States Court of Appeals for the Eleventh Circuit ruled that the...more

Eleventh Circuit Holds Lender Can Require Increased Flood Insurance Coverage

For the second time in less than five months, a U.S. Court of Appeals ruled that the FHA Model Mortgage sets a floor, not a ceiling, on the amount of flood insurance coverage a borrower must maintain. Feaz v. Wells Fargo...more

Capital Thinking: Homeland Security

Homeland Security Nominations - The Senate Homeland Security and Government Affairs Committee held a nomination hearing for President Barack Obama’s nominee to become the next Inspector General of the U.S. Department of...more

Capital Thinking: General Legislative

The Senate will convene today, Monday, January 27, at 2:00 pm. After any leader remarks, the Senate will resume consideration of the motion to proceed to S. 1926, the Homeowner Flood Insurance Affordability Act of 2014. At...more

Insurance Recovery Law -- Jan 17, 2014

N.Y. Court Rules In Deductible Battle For Flood Damage Caused By Sandy - Why it matters: The destruction left in the wake of Superstorm Sandy has resulted in a mess of insurance battles for policyholders as well. In a...more

Capital Thinking: Homeland Security

LEGISLATIVE ACTIVITY - Homeland Security Nominations - The Senate Homeland Security and Government Affairs Committee held a nomination hearing for President Barack Obama’s nominee to become the next Inspector...more

New York State Court Allows Policyholder to Pay Minimum Deductible for Flood Loss

In a January 2014 decision that may prove valuable to policyholders in their disputes over deductibles, a New York state trial court ruled that the appropriate deductible applicable to an oil terminal operator’s $2.28 million...more

FDIC Releases Technical Assistance Videos Concerning Flood Insurance and Appraisals

The FDIC released a new set of two technical assistance videos (the “Videos” and each, a “Video”) designed to provide useful information to bank directors, officers and employees. ...more

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