[Federal Register Volume 65, Number 198 (Thursday, October 12, 2000)]
[Rules and Regulations]
[Pages 60758-60794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25833]



[[Page 60757]]

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Part III





Federal Emergency Management Agency





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44 CFR Parts 59 and 61



National Flood Insurance Program (NFIP); Insurance Coverage and Rates; 
Final Rule

Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / 
Rules and Regulations

[[Page 60758]]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Parts 59 and 61

RIN 3067-AD01


National Flood Insurance Program (NFIP); Insurance Coverage and 
Rates

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Final Rule.

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SUMMARY: We (the Federal Insurance Administration of FEMA) are changing 
the Standard Flood Insurance Policy (SFIP). The revisions include 
rendering the SFIP in ``plain language'' and restructuring its format 
to resemble the homeowners policy. We are also making some changes in 
the policy's coverage.

EFFECTIVE DATE: December 31, 2000.

FOR FURTHER INFORMATION CONTACT: James S. P. Shortley, Federal 
Emergency Management Agency, Federal Insurance Administration, 500 C 
Street SW., Washington, DC 20472, 202-646-3418, (facsimile) 202-646-
4327, (email) <a href="/cdn-cgi/l/email-protection#8ac0ebe7eff9a4d9e2e5f8fee6eff3caecefe7eba4ede5fc"><span class="__cf_email__" data-cfemail="9cd6fdf1f9efb2cff4f3eee8f0f9e5dcfaf9f1fdb2fbf3ea">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION

Proposed Revisions to the Standard Flood Insurance Policy and 
Public Comments

    On May 31, 2000, we published a proposed rule at 65 FR 34823 that 
would revise the Standard Flood Insurance Policy (SFIP) so that it 
conforms with ``plain language'' standards. The rule also proposed 
changes that would bring the three forms of the SFIP more in line with 
the format of the insurance industry's homeowners policy. We also 
proposed a number of changes in coverage.
    We received 22 letters and email messages about the proposed rule. 
Many of these contained multiple comments, and, in a number of cases, 
the submissions raised similar issues and concerns. One organization 
submitted two separate sets of comments.
    The following submitted comments on the proposed rule:
    <bullet> Three national trade associations for lenders,
    <bullet> Three individual lending institutions,
    <bullet> Six private insurance companies writing flood insurance 
under the Write Your Own program,
    <bullet> One claims adjuster,
    <bullet> Three vendors that provide specialized insurance services,
    <bullet> Two insurance agents,
    <bullet> Two private citizens, and
    <bullet> One private business consulting firm.
    Each of the following sections treats an issue raised by the public 
during the comment period and explains our reasons for adopting, 
rejecting, or modifying a given recommendation.
    General Comments. One of the private insurance companies that write 
flood insurance under the Write Your Own program commended the proposed 
plain language revision of the SFIP in this way:
    ``The proposed language changes in the flood policy are excellent. 
The coverage additions and deletions are acceptable, and the changes in 
wording to `plain language' make the policy more readable and 
understandable.''
    This company also recommended that we ``prepare a document * * * to 
flood policyholders and agents to explain all coverage changes.'' This 
is a good suggestion. In fact, this is a practice that we follow 
whenever we make any major change in coverage under the National Flood 
Insurance Program (NFIP). We will continue that practice and put a 
summary of changes in the revised policy document that the policyholder 
receives. This will help policyholders and agents understand the most 
significant changes in coverage that result from this final rule. We 
also plan to include a summary of significant coverage changes in the 
updated claims manual we are preparing for adjusters to implement the 
new policy.
    Several national associations representing the interests of lending 
institutions, however, expressed disappointment that we had failed in 
the preamble of the proposed rule to mention lenders in the paragraph 
titled ``External Customers.'' The associations also expressed concern 
that representatives of the lending community did not sit on the work 
group that rewrote the SFIP.
    The express purpose of the proposed rule was to make the SFIP 
easier to read for policyholders and easier to use by the producers and 
agents that sell and service flood insurance policies. The focus of our 
revision of the SFIP, as expressed in the preamble to the proposed 
rule, was to address the needs of the ``two largest external groups 
that use the SFIP.'' That statement was not meant to be a complete list 
of our customers but rather to define the specific purposes of the 
revision: to render the policy in plain language and conform the SFIP 
with the homeowners policy. In spite of our not mentioning lenders as a 
constituent group in the preamble of the proposed rule, we felt that we 
had preserved the protections and interests of lenders by modeling the 
proposed revision of the SFIP's ``Mortgage Clause'' on the mortgage 
clause of the homeowners policy. However, after reviewing lenders' 
specific comments and recommendations, we understand their concerns and 
have made a number of adjustments that address those concerns.
    Several of the lenders' recommendations that we did not accept 
would have involved duplicating coverage already available in the 
private market or changing long-standing practices, such as changing 
the length of time flood insurance coverage continues for the benefit 
of the mortgagee after cancellation or non-renewal. We plan to invite 
representatives of the lending industry to join us in a series of 
meetings to discuss these and other issues.
    Mortgagee as a Named Insured. We received five comments that 
objected to our description of the named insured under the proposed 
changes in ``Definitions.'' In the proposed rule we said, ``In this 
policy, `you' and `your' refer to the insured(s) shown on the 
Declarations Page of this policy.'' The five respondents expressed 
concern that our revision did not specifically mention the mortgagee as 
a named insured and potentially jeopardized the mortgagee's financial 
interest. The respondents requested that we reinsert in the description 
of the named insured(s) language that specifically mentions the 
mortgagee. Several respondents also pointed out that we had not 
included in the Dwelling Form any mention of the ``spouse,'' if a 
member of the same household, as a named insured.
    We have reinserted language similar to that in the current policy 
identifying mortgagees as a named insured and added a reference to the 
named insured's spouse. The final version of the Dwelling Form reads: 
``In this policy, `you' and `your' refer to the insured(s) shown on the 
Declarations Page of this policy and your spouse, if a resident of the 
same household. 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.''
    The final versions of the General Property Form and the Residential 
Condominium Building Association Policy have similar language 
mentioning the mortgagee as a named insured. Absent from the 
description of the named insured in these two forms, however, is a 
reference to ``your spouse, if a resident of the same household.''
    Mortgagees as Loss Payees. Five representatives from the lending

[[Page 60759]]

industry also expressed concern that the proposed change to the 
``Mortgage Clause'' limited protection only to mortgagees of whom we 
had actual notice. They interpreted ``mortgagees of whom we had actual 
notice'' to mean only those on the Declarations Page, rather than to 
any other mortgagee or loss payee determined to exist at the time of 
loss. The commenters urged that we add language in the final rule that 
explicitly protects the rights of any mortgagee or trustee determined 
to exist at the time of loss.
    That was our intent, and we agree to clarify this. We have modified 
a provision of the ``Mortgage Clause'' of the three policy forms to 
read as follows:
    ``The word `mortgagee' includes trustee. Any loss payable under 
Coverage A--Building Property 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.''
    We believe that the addition of this language in the ``Mortgage 
Clause'' as well as the added language in the ``Definitions'' section 
described above addresses the lending community's major concerns, 
adopts their recommendations, and preserves the rights and interests of 
the mortgagee.
    Mortgage Clause and Foreclosure. Two representatives from the 
lending community expressed concern that the proposed revision was 
silent about the rights of the mortgagee as a loss payee after a flood 
loss when the lender has started foreclosure on the building.
    We believed we were simplifying the policy without affecting the 
mortgagee's rights. However, we understand this concern, and we have 
added the following language to the ``Mortgage Clause'' of the final 
version of the SFIP:
    ``The mortgagee has the right to receive loss payment even if the 
mortgagee has started foreclosure or similar action on the building or 
structure.''
    Transfer of Mortgage Note to the Insurer. Two respondents commented 
that we had removed language from the existing policy's ``Mortgage 
Clause'' that gives us the option to pay the whole principal due and to 
receive transfer of the mortgage under certain conditions and 
recommended that we reinsert similar language in the final rule.
    We disagree. This provision is an option for us. We have never in 
the program's history exercised this option nor do we intend to do so 
in the future because we do not wish to become a mortgagee. As a 
result, we have left any reference to our option to receive transfer of 
the mortgage out of the final revision of the SFIP.
    Continuation of coverage for after non-renewal for the mortgagee's 
benefit. Three respondents objected that 30 days--the length of time we 
continue coverage for the benefit of the mortgagee after non-renewal--
is not enough time and recommended that we increase that benefit to 45 
days. The commenters pointed out that the National Flood Insurance 
Reform Act of 1994 gives a borrower 45 days to cure a deficiency 
regarding flood insurance before the lender may force-place coverage. 
The commenters argued that we should increase the benefit of continued 
coverage for the lender to 45 days to be consistent with the statute.
    First, the proposed rule does not change what is currently in the 
policy. Our continuation of coverage under the current SFIP for the 
benefit of the mortgagee is 30 days, and 30 days has been the 
continuation of coverage benefit for years. So in the proposed rule we 
were not reducing a benefit for lenders. Second, there is ``gap'' 
insurance coverage in the private sector available for lenders to 
address such contingencies, and it is our understanding that most 
lenders have such coverage for all perils to protect their interests in 
the event a borrower fails to renew required property insurance 
protection. While we believe it is appropriate for us to provide some 
cushion for lenders, such as our 30-day benefit, providing 45 days to 
match the statute is unnecessary since gap coverage is available in the 
private market. It is not, in our view, appropriate public policy to 
duplicate under the NFIP coverage that is readily available in the 
private sector. Third, during the six years since the enactment of the 
National Flood Insurance Reform Act of 1994, lenders have not reported 
any difficulties with our long-standing practice of providing 30 days 
continuation of coverage for their benefit when a borrower fails to 
renew required property insurance coverage. We do not believe we need 
to change our current practice. In our continuing dialogue and planned 
meetings with the lending community on flood insurance, we will make 
certain that we carefully monitor this issue.
    Policy Cancellation. Five commenters expressed concern that our 
proposed revision of the ``Cancellation of the Policy by You'' 
provision in the ``General Conditions'' section makes it appear that a 
policyholder may unilaterally cancel the flood policy regardless of 
whether there is an existing mortgage obligation. Our intention was to 
remove, from the cancellation provision, language that had weighed down 
the policy with a number of examples of when the policyholder may be 
eligible for a premium refund. We did not intend in our proposed 
revision to undermine the mortgagee's interest, and we considered our 
applicable rules and regulations that the insurance agent must follow 
before we allow cancellation of any flood insurance policy to be 
sufficient to safeguard the lender's interest, i.e., when the lender 
has required flood insurance as a condition for the mortgage loan. 
Those rules and regulations remain unchanged.
    We understand the concern expressed by the commenters. To make it 
clearer that we do not permit a unilateral cancellation of flood 
insurance by the policyholder, we have in this final rule changed the 
wording in the ``Cancellation of the Policy by You'' clause to read, 
``you may cancel this policy in accordance with the applicable rules 
and regulations of the NFIP.''
    First of all, it is not in the interests of the program to allow 
cancellation of policies without good reasons or adequate safeguards in 
our processing system. In that connection, we publish in the Flood 
Insurance Manual that Write Your Own companies and agents must follow 
when canceling an NFIP policy. Under the terms of the current 
``Cancellation Section,'' in this manual, the agent must submit a 
Cancellation/Nullification request to the insurer citing one of the 
approved reasons cited in the manual for a policy cancellation. Without 
documentation that the cancellation request meets approved criteria the 
policy does not get cancelled.
    In the cases where there is a mortgage loan on the property, the 
manual says that the NFIP permits cancellation when, through a map 
revision, the property is no longer in a special flood hazard area and 
``the lender no longer requires the flood insurance policy.'' The 
mortgagee must confirm this in writing to the NFIP insurer. The 
applicable rules and regulations for agents also permit cancellation 
when the borrower has paid off the mortgage; however, before we allow a 
cancellation the agent must submit a ``statement from the mortgagee 
stating that the mortgage has been paid off and that flood insurance 
was required as part of the mortgage must be attached to the 
Cancellation/Nullification Request Form.''

[[Page 60760]]

    In both cases, the agent must furnish documentation from the 
lender. In short, there are safeguards built into the program's 
processing and reporting system that we will continue to require before 
we will permit cancellation of a policy.
    Our revision of the ``Cancellation of the Policy by You'' in the 
final rule then does two things: It removes from the policy unnecessary 
examples of situations when we will refund premiums while preventing 
any unilateral cancellation of the policy by the policyholder. We 
achieve the latter purpose by cross-referencing the applicable rules 
and regulations that the agent and the NFIP insurer must follow before 
the insurer can honor a request to cancel a policy.
    Policy Reformation. We received one comment that we were using the 
word ``restoration'' incorrectly in the ``General Conditions'' section 
of the three policy forms and that we should substitute ``reformation'' 
instead. We agree with this comment and have changed the heading in the 
``General Conditions'' section of each of the policy forms to read, 
``Reduction and Reformation of Coverage.'' We have also modified the 
wording in this clause to be consistent with the more precise title.
    Another person expressed concern that the ``Reduction and 
Reformation of Coverage'' clause gives the insured and the mortgagee 
only 30 days from the date of our notification that there is 
insufficient premium for the requested coverage to submit the shortfall 
in premium. The commenter recommended that we increase the grace period 
to 45 days to conform with the National Flood Insurance Reform Act of 
1994 which gives an insured that amount of time to make premium payment 
before the lender may force-place coverage.
    As we mentioned in our discussion of continuation of coverage for 
the benefit of the mortgagee above, we do not believe we need to change 
our current practice. In our continuing dialogue and planned meetings 
with the lending community on flood insurance, we will make certain 
that we carefully monitor this issue as well.
    Duplicate policies. Five respondents objected to the ``Duplicate 
Policies Not Allowed'' provision in ``General Conditions'' and argued 
that our allowing duplicate policies would ensure that there would be 
no gap between the limit of an existing SFIP and the amount required by 
law. The commenters cited situations involving multiple mortgagees 
where allowing duplicate policies would preserve every lender's 
interest at the time of loss. One of the commenters suggested we 
develop a product like the ``Contributing Insurance Endorsement'' which 
permits multiple insurance carriers.
    We considered this recommendation but believe that any perceived 
benefit does not outweigh our overriding concern over the problems that 
multiple policies present for us to assure that the statutory limits of 
coverage not be exceeded on any property. Duplicate policies also allow 
an opportunity for abuse and fraud at claim time.
    The changes to those sections in the final rule, which we have 
already discussed, have addressed those concerns, and there is no need 
to alter our long-standing practice to prohibit duplicate policies 
under the NFIP. We have therefore not adopted this recommendation to 
allow duplicate policies.
    Definitions: Flood. We received one comment asking us to revise our 
definition of ``flood'' that refers to the inundation of ``two or more 
properties (one of which is your property) * * *.'' The respondent 
recommended that we replace the term ``property'' with ``premises.''
    We considered the comment but believe adopting the suggestion would 
hurt the policyholder by making our definition of ``flood'' more 
restrictive than we intend. ``Properties'' is general enough for us to 
consider not only an insured property but also some other property such 
as a public road. This wording is particularly appropriate for rural or 
low density development areas. We have therefore retained the word 
``properties'' in the definition of ``flood'' in the final rule.
    The respondent also pointed out that ``premises'' would be more 
accurate in our treatment of debris removal under ``Coverage C--Other 
Coverages.'' We disagree, but we have addressed this concern by 
simplifying the debris removal provision.
    Definition: Manufactured home. We received one comment that the 
qualifiers (``built on a permanent chassis,'' ``affixed to a permanent 
foundation'' and ``transported to its site in one or more sections'') 
in the definition of ``manufactured home'' seem misplaced in the 
proposed rule and that we should modify the definition. The 
correspondent also suggested that we did not need the criterion of 
affixing the manufactured home to a permanent foundation because we 
have the requirement that manufactured homes be tied down.
    We agree that we need to change the order of the qualifiers for the 
definition. This is how the revised definition reads in the final rule: 
``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).'' 
We feel however we need to continue our requirements that all 
manufactured homes be affixed to a permanent foundation and those in 
special flood hazard areas be tied down to be consistent with the 
NFIP's floodplain management requirement.
    Land subsidence. We received one comment that the exclusion of 
``land subsidence'' in the proposed rule is confusing since we do pay 
for land subsidence losses whose cause is from the kind of erosion 
described in the definition of ``flood.''
    We agree with this comment and have modified the language in the 
policy's ``Exclusions'' section to clarify the difference between land 
subsidence not caused by this kind of erosion in contrast with 
subsidence caused by this kind of erosion. The final policy clarifies 
that we cover land subsidence caused by erosion covered under the 
definition of ``flood.''
    Sewer back-up. Three people expressed concern that we had added a 
new criterion for honoring claims for losses from sewer back-up, 
namely, that flood waters had to damage, i.e., touch, the building 
before we would pay for sewer back-up losses. (We added this criterion 
because we believed it was a more objective standard than just having a 
flood in the general area.) The argument of those objecting to the 
proposed criterion ran this way: for us to require that the water 
``touch'' the building could actually prove a disincentive for 
policyholders to take loss avoidance measures, such as sandbagging, to 
hold losses to a minimum. Such a requirement, the respondents wrote, 
also fails to take into account consumer expectations that have built 
up during the program's history for such coverage since we have 
historically covered sewer back-up and marketed flood insurance without 
such a criterion. Their arguments were convincing.
    Since our proposal was a major departure in flood insurance 
coverage for consumers from the current policy, we have removed the 
proposed criterion that flood waters touch the insured building in 
order for us to honor sewer back-up losses, and we have restored the 
criterion that the proximate cause of the sewer back-up damage must be 
from general and temporary condition of flooding in the area.
    Still, we believe this issue warrants further study and monitoring, 
and we

[[Page 60761]]

plan to look into future loss experience to see whether we need to 
adjust coverage or the criteria for coverage in the future regarding 
sewer back-up.
    References to Adjusters. We received one comment on the use of the 
term ``our adjuster'' in ``J. Requirements in Case of Loss'' in the 
``General Conditions'' section of the policy forms. The commenter 
pointed out that because the adjuster is an independent contractor we 
should therefore change the term to ``the adjuster.''
    We agree with this comment and have made the change in the policy 
forms since we say later that ``we have not authorized the adjuster to 
approve or disapprove claims'' to describe the independent stature of 
the adjuster.
    The same person also made this point about the use of the 
indefinite article when we say ``at our option, we may accept an 
adjuster's report'' in the same section of the policy forms. We have 
changed the wording to read ``at our option, we may accept the 
adjuster's report.''
    Manuscripts. Two people pointed out that there are discrepancies in 
the proposed rule between the exclusion of coverage for manuscripts in 
``Property Not Covered'' and the coverage in ``Coverage B--Personal 
Property'' for manuscripts in a list of covered property subject to a 
$2,500 limit.
    We have remedied the discrepancy by removing manuscripts from the 
list of covered property subject to the $2,500 limit under ``Coverage 
B--Personal Property.'' There is available in the private market 
special limits coverage for items, such as manuscripts, against all 
perils including flood. Since the private market provides such 
coverage, we will not duplicate it in our policy.
    Functional Value for Antiques. One person questioned why the 
revised policy would pay only the ``functional value'' for flood losses 
to antiques rather than actual cash value (ACV)--the conventional 
approach in the property insurance industry. The current SFIP excludes 
antique value to the property. The use of the phrase ``functional 
value'' is meant to be a clarification of but not a change to our 
current policy.
    Detached garages. We received one comment on detached garages. The 
writer pointed out that the phrase ``used as such'' in the ``III. 
Property Covered, A.3'' for detached garages is ``indistinct'' since 
many homeowners use garages for a variety of purposes such as workshops 
or business storage.
    We agree with this point and have modified the language related to 
detached garages in the final rule to make clearer the conditions under 
which we cover a detached garage. We have removed the phrase ``used as 
such'' from ``III. Property Covered, A.3.'' We have also included in 
``III. Property Covered, A.3.'' language to make it clear when certain 
uses render a detached garage ineligible for coverage. This is what we 
say in the final rule about the restrictions on coverage for detached 
garages: ``We do not cover any detached garage used or held for use for 
residential (i.e., dwelling), business, or farming purposes.'' Our 
modification in the final rule addresses the comment.
    Personal property in basements. One person recommended that we add 
refrigerators to the list of items we will cover in basements since we 
provide coverage for freezers.
    We do not see any justification in adding flood coverage for more 
items in basements, which are at higher flood risk than other parts of 
a building. We developed the current list of items we will cover in 
basements based on several factors. First, we wanted to cover items 
essential for the operation and maintenance of the building itself, 
such as machinery and mechanical equipment. Second, there are certain 
items such as freezers that seem to be better suited for basements than 
in other parts of a dwelling since there are few alternative locations 
for freezers. Third, we have resisted, appropriately, offering coverage 
for items such as beds, sofas, recreational items, normal kitchen 
equipment such as stoves and refrigerators in basements since flood 
insurance coverage for such items might be at odds with the NFIP's 
floodplain management efforts: The NFIP would on the one hand be trying 
to guide development and occupancy away from the riskier flood-prone 
areas while inviting such uses with its coverage. We have decided not 
to add refrigerators to the list of what we cover in basements.
    Swimming pools, hot tubs, equipment, and machinery. Two people 
expressed concern about our exclusions of coverage in the proposed rule 
for swimming pools, hot tubs, and spas. The proposed rule under 
``Property Not Covered'' excludes coverage for ``swimming pools, hot 
tubs and spas, and their equipment such as, but not limited to, 
heaters, filters, pumps, and pipes, wherever located * * *.'' One 
correspondent said, ``These items are * * * often bathroom fixtures, 
especially hot tubs.''
    We agree with the latter point, and we provide in the final rule 
coverage for hot tubs and spas and their equipment, if they are 
bathroom fixtures. We still believe that it is not in the public's 
interest to provide flood insurance coverage for hot tubs or spas which 
are not part of bathrooms or for swimming pools because of their 
inherent exposure to flood risk. Also, the difficulties in underwriting 
just the machinery and equipment of swimming pools outweigh any 
conceivable benefit.
    Condominium loss assessments. One person recommended that we allow 
up to $1,000 coverage for loss assessment for a condominium unit owner. 
This would, the writer believes, track more closely with loss 
assessment coverage in private commercial policies for other perils and 
would cover the deductible under the association's coverage which may 
be passed on to the unit owner.
    We currently have no restriction on how much building coverage, 
within policy limits, the unit owner may apply to an assessment from 
the condominium association. To limit the benefit for loss assessments 
to $1,000 is a considerable reduction in coverage. We have decided not 
to put such a restriction in the revised policy. We will not, on the 
other hand, pay for another policy's deductible, such as the deductible 
of the Residential Condominium Building Association Policy. We have 
therefore decided to retain the language in this final rule regarding 
loss assessment coverage for individual condominium unit owners.
    Replacement cost coverage for multi-family structures. Four people 
recommended that we provide replacement cost coverage for multi-family 
structures since we provide this coverage for owner-occupied single 
family dwellings if the policyholder insures the building to value.
    We decided not to accept this recommendation since adopting it 
would raise rates and would run counter to our efforts to reduce costs 
for the NFIP. We believe this issue bears looking into further, and we 
will study the economic impacts of providing replacement cost coverage 
for multi-family dwellings and examine the costs and benefits of such 
an approach.
    Pollution-pollutants. Six respondents expressed concern about the 
proposed rule's exclusion of pollution. (Under the current policy, an 
insured may receive, up to policy limits, payment to repair damage to 
the building from flood-borne pollutants. The pollution exclusion in 
the current policy, which applies to Increased Cost of Compliance 
coverage, will remain.)
    The following two comments are representative of this concern:
    (1) ``A flood by its very nature contains pollutants. This 
definition would exclude virtually all flooding events since flood by 
its very nature would always contain contaminants, especially waste.''

[[Page 60762]]

    (2) ``A property owner will be unable to secure coverage elsewhere 
for pollution caused by flooding. Since the loss settlement will still 
be restricted to policy limits, pollution caused by flooding should be 
made available.''
    Several who submitted comments on this issue recommended that we 
use language similar to that in the Insurance Services Organization 
(ISO)'s homeowners policy treating the subject of pollution. They 
recommended the following language:
    ``We do not insure any of the following: discharge, dispersal, 
seepage, migration, release or escape of pollutants unless the 
discharge, dispersal, seepage, migration, release or escape is itself 
caused by a peril insured against.''
    Several other commenters cited the pollution benefit of $10,000 in 
the ISO commercial property insurance form and recommended we use that 
as an available coverage benefit for pollution caused by flood.
    We considered the comments objecting to our proposed exclusion of 
losses from pollution. The arguments were convincing, and we have 
decided to remove the exclusion for pollution from the final revisions 
for the Dwelling Form and the Residential Condominium Building 
Association Policy and permit these policyholders, as they are able to 
do under the current policy, to apply up to their policy limits under 
Coverage A to pay for damage from pollution caused by flood. We believe 
it is appropriate to continue the benefit we have traditionally offered 
for the owners of single family dwellings and for the owners of units 
within a residential condominium since property owners have no other 
recourse in the private market to protect themselves from losses from 
pollution caused by flood. We exclude, however, from the Dwelling Form 
and the Residential Condominium Building Association Policy, any 
payment for the testing for or monitoring pollutants unless a law or 
ordinance requires the testing or the monitoring.
    We believe some limitation on pollution for commercial properties 
is appropriate, and we have adopted one commenter's recommendation that 
we model limited coverage for pollution from the ISO private commercial 
policy. We are therefore limiting the amount we will pay under the 
General Property Form to $10,000 for each occurrence, but this amount, 
when combined with other benefits under the policy, cannot exceed the 
policy limits or the replacement cost or actual cash value of the 
covered property, whichever settlement amount is appropriate. As a 
result of our revision, we will pay for the removal and clean-up of 
such pollutants from covered property after a flood loss, but, as we 
have for the Dwelling Form and the Residential Condominium Building 
Association Policy, we exclude the cost of testing for or monitoring 
pollutants unless law or ordinance requires the testing or the 
monitoring.
    Property removed to safety. In the proposed revision of the SFIP, 
we increased from $750 to $1,000 to help defray the costs of moving 
property out an endangered flood area. One person expressed concern 
that this benefit was not enough to cover the costs of moving personal 
property such as business inventories and that the benefit would not 
cover the deductible.
    We believe that the increase in benefits over what we have offered 
in the past is a relatively sizable one. We do not believe we can 
justify a higher increase in the face of our need to make the program 
actuarially sound, but we will monitor the issue to see if future 
increases may be justifiable from our loss experience.
    Self-propelled vehicles. One person commented that the reference to 
self-propelled vehicles in the ``Property Not Covered'' section was 
unclear since the qualification ``while the vehicles are inside a 
building at the desired location'' seems to apply only to vehicles for 
the handicapped and should apply both to vehicles for the handicapped 
and to vehicles ``used mainly to service the described location.''
    This is a good point. The qualification applies to both types of 
vehicles, and we will format the policy to make this clear.
    Interpretation of ``common wall'' and additions and extensions. Two 
people commented on references to additions and extensions under 
``Property Covered, A. Coverage A--Building Property.'' One respondent 
limited comments to the errors and omissions that might arise from 
giving the insured the option of insuring an addition or extension 
(explained below) either as a separate building or consider it part of 
the insured building. The second commenter raised three issues related 
to ``additions and extensions'': Clarity over what is meant by a common 
wall, competitive pricing, and the concern about errors and omissions. 
This commenter said:
    ``It has been our experience that a solid, load-bearing interior 
wall and a common wall are the same definition. In theory, we agree 
that the common wall issue needs to be changed but this draft still 
leaves unresolved issues by not specifically listing these definitions 
(i.e., solid, load-bearing wall, common interior wall). Additionally, 
by allowing the option of issuing a separate policy we then fall into a 
competitive pricing issue. The insured may be offered two policies with 
one carrier therefore paying the expense/policy service fee twice or 
shop around and find another carrier that can issue one policy for his 
additions and extensions. Lastly, if we are required to offer two 
policies then will we be required to re-underwrite our current 
policies?''
    The difference between a common interior wall that is not a solid, 
load-bearing wall and an interior wall that is load-bearing, we 
believe, is clear enough, and there is no need to revise the language 
in the policy on additions and extensions. On the issue of competition, 
one of the advantages of the Write Your Own program--with currently 
about 90 participating insurance companies--is that the consumer has a 
choice based on service since the same rates and rules apply to all 
companies selling flood insurance.
    The policyholder has the advantage under the cited provision to 
insure additions and extensions connected by a rigid exterior wall, a 
solid load-bearing interior wall, a stairway, elevated walkway, or a 
roof, as a separate building or consider the addition as part of the 
insured building. This, we believe, is an advantage for the 
policyholder. It is incumbent on the agent and the insurance company to 
explain those options to the property owner to avoid any concern over 
errors and omissions while giving the property owner information to 
make an informed choice about coverage. Regarding the commenter's 
inquiry about the need to ``re-underwrite'' every policy, as with any 
change in coverage, companies need to reexamine their existing book of 
business, as appropriate.
    Minor word changes (Loss Avoidance Measures vs. Avoidance and 
Mitigation). One person suggested that we change the heading ``Loss 
Avoidance Measures'' to ``Avoidance and Mitigation.'' We considered the 
suggested title change and believe the wording as proposed is 
preferable, and we are keeping the wording from the proposed rule in 
the final version of the policy.
    Expense for Sandbags. Two people agreed with our proposed increase 
of how much we will reimburse the insured for the expense of sandbags 
as a loss avoidance measure. One commenter wondered why, however, we 
could not pay more for the expense of sandbags.
    We increased from $750 to $1,000 the amount we will pay for 
sandbags to

[[Page 60763]]

avoid losses. Again, we believe that the increase in benefits over what 
we have offered in the past is a relatively sizable one. We do not 
believe we can justify a higher increase in the face of our need to 
make the program actuarially sound, but we will monitor the issue to 
see if future increases may be justifiable from our loss experience.
    Payment for floodproofing. We received one suggestion that we pay 
for floodproofing of buildings without basements. The person argued 
that since we pay under Increased Cost of Compliance coverage (Coverage 
D) for floodproofing of basements of residential structures, we should 
also pay for permanent floodproofing of residential structures without 
basements. The writer also argued that since we pay for temporary 
protective measures when there is the threat of flooding, we should pay 
for permanent floodproofing. The writer also contended that the 
installation of a permanent device, such as a flood shield, would pay 
for itself over time in prevented flood losses and fewer flood claims. 
And because of those potential savings in flood claims, we should pay 
for such a device.
    First of all, we only pay for the floodproofing of basements under 
Increased Cost of Compliance coverage (Coverage D) under very limited 
circumstances. The property must have suffered substantial damage by 
flood or repetitive flood losses, and the community must be requiring 
the repair or other mitigation measure to bring the building into 
compliance with a local or State floodplain management ordinance or 
law. Also, for us to pay under Coverage D to bring a basement into 
compliance with a local floodplain management law or ordinance, the 
community must meet rigorous standards for floodproofing residential 
basements approved by FEMA. Only 53 communities out of 19,000 
participating communities have been approved for this option. We would 
also point out an essential difference between the standards for 
floodproofing residential basements in approved communities and the 
flood shield that the commenter recommends: a basement once 
floodproofed requires no further intervention on the part of the 
occupant for the floodproofing to be effective. The flood shield on the 
other hand requires human intervention just before a flood for the 
device to be effective.
    Finally, certain devices and equipment clearly make buildings safer 
and reduce the risk to certain perils. The installation of sprinklers 
in residential dwellings is a good example of a loss mitigation measure 
that adds protection, increases safety, and reduces the building's 
exposure to fire loss; however, property insurance companies will not 
and should not pay for the permanent installation of such devices that 
reduce the risk. Such devices if worthwhile will sell themselves or be 
required by code. They are not eligible for nor should they become 
eligible for payment as a covered loss in the insurance sense.
    For these reasons, we have therefore rejected the recommendation 
for the SFIP to pay for the installation of loss mitigation measures as 
a preventive step.
    Miscellaneous Questions. We received several sets of comments 
asking us to clarify whether coverage for certain items or under 
certain conditions had changed in the revised policy. We will restate 
the each question and follow with our answer.
    Question. Can two properties be a house and the street in front of 
the house or does it have to be two houses? NFIP has taken the position 
in the past that two properties can be the insured house and the street 
in front of the house; however, we want to verify that this has not 
changed with the new policy.
    Answer. Our position has not changed. ``Two properties'' can still 
mean under the new policy the insured house and the street in front of 
the building.
    Question. Under Coverage C--Other Coverages, Contents Removal, it 
states that any property removed must be placed aboveground level or 
outside the special flood hazard area. This appears to mean that we can 
still cover personal property that is moved to a special flood hazard 
area if it is above ground level and in a fully enclosed building. This 
doesn't sound logical since the point is to move it outside of the 
special flood hazard area.
    Answer. Coverage C--Contents Removal under the new policy requires 
that the contents must be removed above ground or outside a special 
flood hazard area. This is not inconsistent. There are situations where 
moving property to a safer location within a floodplain, e.g., within a 
broad floodplain or in a coastal area, is the best available mitigation 
option available to a policyholder. Moving property inland away from an 
approaching hurricane to a location that may still be within a special 
flood hazard area, may be enough to move property out of harm's way.
    Question. The policy is silent on who makes substantial 
improvements. Does the responsibility of determining substantial 
improvement still rest with the community officials? This is important 
because we are talking about the denial of coverage for post-FIRM 
enclosures.
    Answer. The responsibility for making a determination whether a 
building has suffered substantial damage and must meet the substantial 
improvement requirement still rests with the community official.
    Question. The policy mentions special coverage for handicapped 
persons, but does not define ``handicapped'' in the definition section. 
Is it intended that ``handicapped'' means only people protected by 
Federal law, or can it mean someone with a broken leg, etc. This could 
become an issue if not properly defined.
    Answer. A temporary handicap, such as a broken leg, would qualify 
for special coverage for handicapped persons under the new policy.
    Question. There is an exclusion for decks outside the perimeter 
walls of the dwelling. NFIP has taken the position in the past that we 
could pay for sixteen square feet of decking outside the perimeter 
walls of the dwelling, which is not spelled out in the policy. Are we 
still allowing the sixteen square feet or do we totally exclude decking 
outside the perimeter walls of the dwelling.
    Answer. Our interpretation under the new policy has not changed. We 
will still pay, as we currently do, for sixteen square feet of space 
that permits entrance and exit to a building.
    Question. We insure against direct physical loss by or from flood 
for ``clean-up.'' But what does ``clean-up'' include?
    Answer. ``Clean-up'' includes the removal of muck from the interior 
of the insured building, cleaning the flood-soiled surfaces of the 
insured building, and the removal of debris from the boundaries of the 
insured property.
    Question. How can this policy state that it will not insure for 
direct physical loss caused directly or indirectly by rain? Rain is one 
of the major reasons for flooding. This seems contradictory.
    Answer. Rain without surface flooding is not covered under the 
SFIP. This is not a new interpretation or a change from previous 
version of the SFIP. Conversely, damage from rain alone can be covered 
under the homeowners policy.
    Question. Does the NFIP intend to settle losses for manufactured 
homes with materials on a replacement cost basis but never more than 
1.5 times the actual cash value apply to repairs as well as total 
losses?
    Answer. Under VII General Conditions, V. Loss Settlement, 3.a. and

[[Page 60764]]

3.b., we explain how losses will be adjusted under the policy for 
manufactured homes: Under 3.a., we will pay for total losses on a 
replacement cost basis or 1.5 times the actual cash value, whichever is 
less; under 3.b., we will pay for repairs on a replacement cost basis.
    Question. How will an adjuster know, i.e., for sewer back-up 
claims, if the flood waters actually touch the structure if it does not 
leave a visible water line or debris? (Flood waters may briefly touch 
the structure but leave no visible water line.)
    Answer. This is no longer an issue since we have removed the 
criterion that water touch a building in order for us to pay for 
damages from sewer back-up. (See our earlier discussion of sewer back-
up.)
    Question. What is ``loss in progress''? Is it the threat of 
flooding? When water touches the building? What about when water 
touches the detached garage?
    Answer. ``Loss in progress'' does not merely mean the threat of 
flooding. ``Loss in progress'' means when water touches the insured 
building. If the policyholder has elected to apply up to 10% of the 
building's coverage on the dwelling and flood waters touch the detached 
garage, the loss would be a loss in progress. If the policyholder has 
elected to insure the detached garage separately from the dwelling, the 
flood waters touching the detached garage would involve a loss in 
progress for the detached garage, insured separately, but not the 
separately insured dwelling.
    Question. When does a carport become a garage?
    Answer. If a structure has two walls and a roof it is a building 
that is eligible for coverage under the NFIP. Normally, carports do not 
meet the definition of a building. We do not agree that we need to add 
a definition for ``carport'' which the questioner implied since our 
definition of building is in our view clear enough.
    Decision to Retain Scheduled Building Policies. During the comment 
period, we received no comments on the deletion in the proposed rule of 
the provision for scheduled building policies. We have decided, 
however, to retain in the final rule the provision in the definition of 
``policy'' that permits us to offer scheduled buildings policies, i.e., 
one policy that provides coverage for several buildings. We are 
retaining this product option since we have become aware of recent 
interest in and a potential need for scheduled building policies for 
municipal buildings.

Closed Basin Lake Endorsement

    Interim Final Rule. On August 2, 1999, we published at 64 FR 41825 
an interim final rule, with a request for comments. That rule added an 
endorsement to the Standard Flood Insurance Policy (SFIP) that provides 
a permanent procedure for honoring claims for buildings damaged by 
continuous lake flooding from closed basin lakes or under imminent 
threat of flood damage from those lakes.
    During the comment period, we received seven sets of comments. 
After reviewing those comments, we have adopted several recommendations 
for making textual changes to the policy. For the other 
recommendations, which we decided not to adopt, we explain our 
decisions in each of the following sections.
    Size Standard for Closed Basin Lakes. We received one comment that 
we should use a standard less than one square mile as the basis for our 
definition of a closed basin lake. We have selected the one square mile 
standard to agree with the scope of our flood insurance studies found 
in ``Flood Insurance Study: Guidelines and Specifications'' (FEMA 37, 
January 1995). The guidelines state that our flood insurance studies 
should be terminated where the 100-year floodplain narrows to a width 
of 200 feet or less, or ``where the drainage area of the flooding 
source is less than one square mile.'' We felt that some measurable 
cut-off was reasonable for our definition of closed basin lakes in the 
SFIP so we used one square mile as the limit to conform with our 
published standard for flood insurance studies. For that reason, we 
have retained that one square mile standard in the revised closed basin 
lake section of the SFIP.
    Physical Damage or Imminent Threat. One person argued that the 
closed basin lake endorsement should not require that flooding from a 
closed basin lake ``touch'' the structure in order for us to pay a 
claim under the closed basin lake endorsement. The endorsement does not 
impose such a requirement. The endorsement says, ``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: 1. Lake waters must damage or 2. imminently threaten your 
building.'' We review closed basin lake claims filed under the SFIP on 
a case-by-case basis to determine whether a structure--not physically 
damaged by flooding--is ``imminently threatened'' by flood waters from 
a closed basin lake.
    Imminent Threat. Three people objected to the concept of ``imminent 
threat'' and wanted us to base eligibility for claim payments on 
predictions by the National Weather Service (NWS) that conditions from 
a designated closed basin lake will inundate certain areas. Our policy 
for the payment of claims from closed basin lakes has evolved. 
Initially, we based eligibility for claims on NWS predictions of 
inundation for broad areas. Program experience has prompted us to 
change this policy. Now, we apply the concept of ``imminent threat'' 
which we can apply on a case-by-case basis to claims. The reason for 
this shift is that, by using prediction as the standard for claim 
payment, the NFIP could be liable for claims on buildings neither 
damaged by flooding nor imminently threatened by flooding. Rather, the 
building's location in a general area exposed to closed basin lake 
flooding would make it eligible for claim payment. Using ``imminent 
threat'' as the basis for paying claims in closed basin lake areas 
however is much more defensible for several reasons. First ``imminent 
threat'' means that it is reasonably certain that surface water will 
damage an insured structure due to existing conditions in the Area of 
Special Consideration (ASC). Second, using ``imminent threat'' allows 
us to evaluate claims on a case-by-case basis.
    Buildings with Basements. Several people raised concerns that the 
concept of ``imminent threat'' did not expressly apply to basements as 
well. We have responded to those concerns by interpreting the concept 
of ``imminent threat,'' as it applies to buildings with basements, as 
follows: In the event a building located in the ASC has water in the 
basement, we will consider the building to be ``imminently'' threatened 
by damage from closed basin lake flooding when:
    <bullet> The building is in such close proximity to the closed 
basin lake that it is probable that the lake flooding is the cause of 
the basement flooding;
    <bullet> The lake level is higher than the basement floor level; 
and
    <bullet> Either: (1) the owner is currently taking reasonable 
preventive measures to manage the flow of lake water into the building 
and has done so for at least the last 30 days or (2) lake water has 
been in the basement for the last 30 days.
    The adjuster may base the evidence of both reasonable preventive 
measures and the presence of lake water in the basement for the 
specified period on any documented source.
    Date Coverage Must be in Effect. We received three comments urging 
that the date by which continuous flood

[[Page 60765]]

insurance coverage must be in effect, in order for the policyholder to 
be eligible for coverage, should be later than October 31, 1999. The 
rule is silent about a specific date. The endorsement says, ``You (the 
policyholder) must have NFIP flood insurance coverage continuously in 
effect from a date established by FEMA until you file a claim under 
this endorsement.'' FEMA had set October 31, 1999, as the continuous 
coverage date for the Devils Lake area of North Dakota and communicated 
that to public officials. To give local property owners additional time 
to buy flood insurance and meet the requirements of the endorsement, 
however, FEMA changed that date to November 30, 1999.
    One person argued that the continuous flood insurance coverage date 
for the Devils Lake area should be postponed until after the Flood 
Insurance Rate Map (FIRM) showing the Area of Special Consideration 
(ASC) has become effective. He said:
    ``All hazards illustrated by the NFIP on a FIRM must be identified 
on a scientific and technical basis, even the ASC which approximates 
the 500-year flood hazard surrounding Devils Lake. As such, the ASC is 
subject to the review and the appeal process (44 CFR part 67) simply 
because it is on a revised preliminary FIRM which lists the proposed 
flood elevation determinations for the lake.''
    The endorsement states that we 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.'' The endorsement does not 
require that the map be a Flood Insurance Rate Map (FIRM). However, 
because we were in the process of either revising existing maps or 
producing new maps for the communities around Devils Lake in connection 
with an ongoing Flood Insurance Study, we decided to show the ASC on 
the preliminary FIRMs. We established the ASC for advisory purposes; 
the advisory ASC is considered final and is not subject to the 
statutory and regulatory appeal period as base flood elevations are. 
Additionally, the statutory and regulatory intent of the appeals 
process is to give individuals and communities every opportunity to 
appeal, with scientific and technical data, the elevations we derive 
from our studies since the base flood elevations trigger full risk 
premiums and building standards for new construction. On the other 
hand, the ASC, which we delineated in close coordination with State and 
local governments, is an area that identifies the areas eligible for 
the benefits under the closed basin lake endorsement. The ASC in itself 
does not impose a statutory requirement for flood coverage. We did not 
therefore adopt this recommendation.
    Tracking Continuous Coverage Requirement. We received one comment 
expressing concern that FEMA would have difficulty in tracking the 
continuous coverage requirement when one owner sells the property. The 
endorsement addresses the issue of continuous coverage when a property 
owner sells a property affected by a closed basin lake in this way:
    ``You must have NFIP flood insurance coverage continuously in 
effect from a date established by FEMA until you file a claim under 
this endorsement. If a subsequent owner buys NFIP insurance that goes 
in 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.''
    FEMA's tracking the ownership of an insured property is not an 
issue since the burden of proof of continuous flood insurance coverage 
will be on the property buyer. In this regard, we have been working 
with and will continue to work with State and local officials to make 
sure that the affected members of the public know their 
responsibilities under the endorsement and are able to take full 
advantage of the endorsement's benefit. We believe our current efforts 
address this concern.
    Textual Comments. We also received recommendations to revise the 
wording of the endorsement in two places. Specifically, one person 
recommended we change ``floodplain management permit'' (see criterion 
number 4 in the endorsement) to ``floodplain development permit.'' We 
adopted this recommendation.
    The same person also pointed out that the wording ``grant the 
conservation easement to be recorded on the deed of the property'' was 
imprecise since an easement ``runs with the land'' and cannot be 
recorded ``on the deed.'' We agree with this recommendation too. We 
believe the following change in the policy language achieves greater 
precision: ``Grant a conservation easement * * * to be recorded in the 
office of the local recorder of deeds.''
    Clarification of Coverage Requirement. The interim final rule was 
silent about how much coverage had to be continuously in force for 
benefits under the closed basin lake coverage. Under the interim final 
rule, policyholders had to have ``NFIP flood insurance continuously in 
effect from a date established by FEMA until'' the policyholder filed a 
claim. This meant that a policyholder could technically meet this 
criterion for continuous coverage by buying a minimal amount of flood 
coverage initially, keeping the minimal amount of coverage in effect, 
and then increasing the face amount of the policy when the structure is 
eligible for relocation. This final rule now requires that 
policyholders have the same amount of insurance in effect continuously 
from the date set by FEMA until the policyholder files a claim. This 
change still allows the policyholder to buy recommended increases in 
coverage at policy renewal to keep pace with inflation.
    Incorporation in the Revised SFIP. As an aid for readers, we have 
incorporated language on the policyholder's requirements and benefits 
regarding closed basin lake flooding under ``Continuous Lake Flooding'' 
in the text itself of the ``OTHER PROVISIONS'' section of the revised 
policy. We feel this is a more logical place for information on closed 
basin lake coverage and will be easier for affected policyholders to 
access rather than in a separate endorsement.

Definition of ``Structure''

    This final rule changes several key definitions including the 
definition for ``building.'' Our revised definition of ``building'' 
cross-references the term ``structure'' found in the ``Definitions'' 
section of the program's regulations at 44 CFR 59.1. Therefore, we have 
revised the definition of ``structure'' to be consistent with our new 
definition of ``building.'' This change does not affect the definition 
of ``structure'' for floodplain management purposes, only for insurance 
purposes.

Group Flood Insurance Policy

    Changing the Dwelling Form requires us to change in this final rule 
several cross-references to the Dwelling Form in Sec. 61.17, which 
establishes the Group Flood Insurance Policy. We have made those 
reference changes in this final rule.

Coverage Changes

    We have made several changes in coverage for the three policy 
forms. The following tables compare the previous coverage under the 
SFIP with the new changes established by this rule:

[[Page 60766]]



          Table 1.--Land Subsidence, Sewer Back-up, and Seepage
------------------------------------------------------------------------
      New changes in SFIP coverage        Former coverage under the SFIP
------------------------------------------------------------------------
The new changes will not affect the      Pay for losses from subsidence
 coverage for losses from ``subsidence    of land along the shore of a
 of land'' along the shore of a lake or   lake or other body of water as
 other body of water as a result of       a result of flood-related
 flood-related erosion.                   erosion.
We will not pay for any losses from      Pay for losses from other land
 other land subsidence.                   subsidence under certain
                                          circumstances.
------------------------------------------------------------------------
We will pay for losses from sewer back-  Pay for losses from sewer-back-
 up if there is a general condition of    up and seepage:
 flooding in the general area.
We are removing the current requirement  If there is a general condition
 for replacement cost coverage on the     of flooding in the general
 building.                                area;
We are removing the criterion that the   If the building has replacement
 loss must occur within 72 hours after    cost coverage; and
 the flood has receded.                  If the loss occurs within 72
                                          hours after the flood has
                                          receded.
We will not apply a separate deductible  Apply a separate deductible to
 to claims for sewer back-up and          claims for these losses.
 seepage.
------------------------------------------------------------------------

    As noted in the preceding table, we will pay for losses from sewer 
backup if flooding is ``in the area.'' Also, as the preceding table 
shows, there are two references to the subsidence of land in the 
current policy. The first is in our definition of ``flood.'' Section 
1370 of the National Flood Insurance Act of 1968 mandates that the term 
``flood'' shall also include ``the collapse or subsidence of land along 
the shore of a lake or other body of water as a result of erosion or 
undermining caused by waves or currents of water exceeding anticipated 
cyclical levels.'' The second reference to land subsidence is in the 
Dwelling Form: currently we pay for losses from land subsidence when 
certain criteria are met such as amount of insurance coverage in force 
on the dwelling, the duration of flooding (``no later than 72 hours 
after the flood has receded''), and the proximity of the flood (``in 
the area''). The changes do not include any revision to the statutory 
reference to ``subsidence of land'' in the policy's definition of 
``flood.'' The revisions however eliminate coverage for land subsidence 
in any other situation.

         Table 2.--Loss Mitigation Measures and Loss Assessments
------------------------------------------------------------------------
      New changes in SFIP coverage        Former coverage under the SFIP
------------------------------------------------------------------------
We are increasing the amount we pay for  We currently pay up to $750 for
 the labor and materials of certain       materials and labor for
 mitigation activities (e.g.,             mitigation efforts such as
 sandbagging) to $1,000.                  sandbagging.
We are increasing to $1,000 the amount   We currently pay up to $500 for
 we will pay for removal of personal      the removal of personal
 property from a flood-threatened         property in anticipation of
 building.                                the flood.
------------------------------------------------------------------------


    Table 3.--Personal Property, Motorized Vehicles and Special Needs
------------------------------------------------------------------------
      New changes in SFIP coverage        Former Coverage under the SFIP
------------------------------------------------------------------------
We will permit a renter to apply 10% of  No coverage under the Dwelling
 contents coverage to cooking stoves,     Form.
 ranges, or refrigerators belonging to
 the renter, as well as to improvements
 by the renter to the building.
------------------------------------------------------------------------
We will permit a condominium unit owner  No coverage.
 to apply 10% of the contents coverage
 to losses to interior walls, floors,
 and ceilings under the Dwelling Form.
------------------------------------------------------------------------
We will increase to $2,500 what we will  We now pay only up to $250 for
 pay for flood losses to collectibles,    eligible flood losses to
 artwork, furs, etc., and we will add     collectibles, artwork, furs,
 these items to the list business         etc.
 contents.
------------------------------------------------------------------------
We will pay for losses to self-          We only pay for losses to self-
 propelled vehicles that service the      propelled vehicles that
 premises and assist handicapped          service the building.
 persons provided the vehicles are in a
 building on the premises.
------------------------------------------------------------------------
------------------------------------------------------------------------


 Table 4.--Loss Settlement for Manufactured Homes and Interpretation of
                               Common Wall
------------------------------------------------------------------------
      New changes in SFIP coverage        Former coverage under the SFIP
------------------------------------------------------------------------
We are changing how we settle losses     Replacement cost interpreted
 for double-wide manufactured homes. We   for total losses as the value
 will settle total losses for these       shown in NADA guide for mobile
 structures with materials on a           homes.
 replacement cost basis but never more
 than 1.5 times the actual cash value.

[[Page 60767]]

 
We treat as part of the building         We currently only treat, as
 additions or extensions attached by a    part of the building,
 rigid exterior wall, a solid load-       extensions or additions that
 bearing interior wall, a stairway, an    are connected by a common
 elevated walkway, or a roof. At the      wall. Additions and extensions
 insured's option, these additions and    connected by a covered
 extensions may be separately insured.    breezeway, for example, are
 If the addition or extension is          treated as separate buildings--
 attached by a common interior wall, it   not as part of the building.
 may not be insured as a separate
 building.
------------------------------------------------------------------------
------------------------------------------------------------------------


         Table 5.--Reduction and Reformation of Coverage Limits
------------------------------------------------------------------------
      New changes in SFIP coverage        Former coverage under the SFIP
------------------------------------------------------------------------
We are adding a policy reformation       No such provision.
 provision for situations when an
 application or endorsement is received
 without all the necessary information.
 We are requiring the applicant to
 submit the missing information within
 60 days. If the missing information is
 not received within 60 days, and a
 loss occurs, the maximum amount of
 insurance available is limited to the
 lesser of: the amount originally
 requested or the amount of coverage
 the original premium paid would buy,
 using the correct rating information.
------------------------------------------------------------------------

    We are also adding coverage in basements and in enclosures of 
elevated buildings for water softeners and the chemicals in them, water 
filters and faucets. In addition, we are adding coverage for damage 
from the pressure or weight of water against the structure with the 
requirements that there be surface flooding in the area and that the 
flooding be the cause of the damage. On the other hand, we are 
excluding from coverage scrip and stored value cards. The revisions to 
the policy also exclude any losses caused by the policyholder's failure 
to inspect and maintain the property after the flood recedes.
    We are retaining coverage for detached garages, but we are 
eliminating coverage for detached carports since they do not have two 
walls--one of the criteria under the definition of building. We are 
also eliminating the requirement for a minimum premium. The final rule 
adds to the definition of ``flood'' criteria previously found elsewhere 
in the policy. Those criteria require that a qualifying flood event 
under the policy must inundate two properties or two acres. The 
consolidation of the criteria into the definition of ``flood'' is much 
more useful for the policyholder to understand the scope of coverage 
under the policy.
    In addition to these coverage changes, we are changing how we 
define loss in progress to make our intent clearer on when coverage 
begins in connection with loan closings.

Inspection Procedure of Insured Structures

    On June 27, 2000, FEMA published a final rule establishing an 
inspection procedure on a pilot project basis for Monore County, 
Florida and the Village of Islamorada, which is located in Monroe 
County. The rule also added endorsements to the SFIP making the renewal 
of certain flood insurance policies for certain properties in these 
communities contingent on the property owner's submission of a 
completed community inspection report by local officials. These 
optional endorsements affect some 30,000 policies in these two pilot 
project communities.
    We revised these endorsements in this final rule to match the new 
policy format. Also, in our efforts to simplify the Standard Flood 
Insurance Policy, we have shortened the endorsements to each of the 
policy forms in this final rule. We have retained the language 
regarding the inspection report and the policy renewal, but we have 
removed a number of redundancies from the policy language.

Exclusive Federal Jurisdiction and Applicable Law

    Standard Flood Insurance Policies are sold by a number of private 
Write Your Own (WYO) insurance companies and directly to the public by 
the Federal Insurance Administration. Because the National Flood 
Insurance Program is national in scope and accomplishes a number of 
programmatic missions in addition to making affordable flood insurance 
generally available to the public, the SFIP provides that its terms 
cannot be altered, varied or waived except by the written authority of 
the Federal Insurance Administrator. The Administrator intends that the 
same benefits should be available to insureds wherever the insured 
property is located, or whether the policy is purchased from a WYO 
insurance company or from the Federal government. Thus, there is a need 
for uniformity in the interpretation of and standards applicable to the 
policies and their administration. Therefore, we have clarified the 
policy language pertaining to jurisdiction, venue and applicable law to 
emphasize that matters pertaining to the Standard Flood Insurance 
Policy, including issues relating to and arising out of claims 
handling, must be heard in Federal court and are governed exclusively 
by Federal law.

National Environmental Policy Act

    This final rule falls within the exclusion category 44 CFR part 
10.8(d)(2)(ii), which addresses the preparation, revision, and adoption 
of regulations, directives, and other guidance documents related to 
actions that qualify for categorical exclusions. Qualifying for this 
exclusion and because no other extraordinary circumstances have been 
identified, this final rule will not require the preparation of either 
an environmental assessment or environmental impact statement as 
defined by the National Environmental Policy Act.

Executive Order 12866, Regulatory Planning and Review

    We have prepared and reviewed this final rule under the provisions 
of E.O. 12866, Regulatory Planning and Review. Under Executive Order 
12866, 58 FR 51735, October 4, 1993, a significant regulatory action is 
subject to OMB review and the requirements of the Executive Order. The 
Executive Order

[[Page 60768]]

defines ``significant regulatory action'' as one that is likely to 
result in a rule that may:
    (1) have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    For the reasons that follow we have concluded that the rule is 
neither an economically significant nor a significant regulatory action 
under the Executive Order.
    The rule accomplishes three principal changes: (1) it renders the 
SFIP in ``plain English''; (2) it restructures the format to resemble 
the basic homeowners policy; and (3) it makes several changes in the 
policy's coverage. In all other substantive aspects the SFIP is 
unchanged from its past version.
    Of 18 changes that affect coverage, we summarize 11 in Tables 1 
through 5 of this preamble. We summarize the remaining 7 changes in the 
paragraphs that immediately follow the tables. The 18 proposed changes 
are evenly divided between changes that add or increase coverage and 
changes that reduce or remove coverage or require certain coverage from 
a date certain to the time a claim is filed for ``closed basin lake'' 
claims.
    For each revised policy provision, we made two estimates: the first 
was the percentage of claims that would be impacted by the revised 
provision; the second estimate was the dollar impact that provision 
would have on each affected claim. We multiplied these two amounts to 
develop the dollar impact of each change spread over all program 
claims. We then summed those dollar amounts to arrive at an estimated 
increase of $62.88 in the average paid claim under these revised policy 
provisions. We estimate that during the first fiscal year after 
enactment the NFIP would have about 4.3 million policyholders and about 
55,900 total flood losses. If so, that would result in an annual cost 
to the Program of approximately $3.5 million resulting from the 
proposed changes to the policy.
    The Office of Management and Budget has reviewed this rule under 
the principles of Executive Order 12866.

Paperwork Reduction Act

    This rule requires the collection of information. Under the 
Paperwork Reduction Act (Act) we must consider the impact of paperwork 
and other information collection burdens imposed on the public. The Act 
mandates specific reductions in the amount of paperwork requirements 
imposed by agencies. It requires specific approval by the Office of 
Management and Budget (OMB) of any new requirements for collection of 
information imposed on ten or more persons by an agency; without such 
approval, the agency lacks the authority to enforce any such 
requirement. The Act also requires us to inform respondents that a 
response is not required unless the collection of information displays 
a valid OMB control number.
    OMB has previously approved the following information collection 
requirements covered by this final rule under the provisions of the 
Paperwork Reduction Act, as amended:

------------------------------------------------------------------------
              OMB control No.                           Title
------------------------------------------------------------------------
3067-0021.................................  National Flood Insurance
                                             Claims Forms.
3067-0022.................................  National Flood Insurance
                                             Policy Forms.
3067-0077.................................  Post Construction Elevation
                                             Certificate/Floodproofing
                                             Certificate.
3067-0195.................................  Community Rating System
                                             (CRS) Program, Application
                                             Worksheets and Commentary.
3067-0235.................................  Residential Basement
                                             Floodproofing Certificate.
3067-0275.................................  Inspection of Insured
                                             Structures by Communities.
------------------------------------------------------------------------

    In addition, FEMA has submitted for OMB clearance and approval one 
other information collection package: Closed Basin Lake Endorsement. 
When approved by OMB we will publish a separate notice of this 
collection of information and its expiration date. Any person who is to 
respond to this collection of information is not required to respond 
unless the collection of information displays a currently valid OMB 
control number.

Executive Order 13132, Federalism

    Executive Order 13132, Federalism, dated August 4, 1999, sets forth 
principles and criteria that agencies must adhere to in formulating and 
implementing policies that have federalism implications, that is, 
regulations that have substantial direct effects on the States, or on 
the distribution of power and responsibilities among the various levels 
of government. Federal agencies must closely examine the statutory 
authority supporting any action that would limit the policymaking 
discretion of the States, and to the extent practicable, must consult 
with State and local officials before implementing any such action.
    We have reviewed this final rule under E.O. 13132 and have 
concluded that the rule does not have federalism implications as 
defined by the Executive Order. The rule is a plain language revision 
of the Standard Flood Insurance Policy. Inasmuch as the insurance 
benefits and requirements derive from a Federal statute and program 
exclusively administered by the Federal Government for the benefit of 
State, local and tribal governments, individuals, and not-for-profit 
organizations, the rule neither limits nor preempts any policymaking 
discretion of the State that the State might otherwise have.
    The Office of Management and Budget has reviewed this rule under 
the provisions of Executive Order 13132.

Congressional Review of Agency Rulemaking

    We have sent this final rule to the Congress and to the General 
Accounting Office under the Congressional Review of Agency Rulemaking 
Act, Public Law 104-121. The rule is not a ``major rule'' within the 
meaning of that Act. It is a ``plain English'' revision of the existing 
Standard Flood Insurance Policy and any substantive changes in the rule 
will not result in an annual effect on the economy of $100,000,000 or 
more. We do not expect that it will result in a major increase in costs 
or prices for consumers, individual industries, Federal, State, or 
local government agencies, or geographic regions. Nor do we expect that 
it will have ``significant adverse effects'' on competition, 
employment, investment, productivity, innovation, or on the ability of 
United States-based enterprises to compete with foreign-based 
enterprises.

List of Subjects in 44 CFR Parts 59 and 61

    Flood insurance.

    Accordingly, we amend 44 CFR Parts 59 and 61 as follows:

PART 59--GENERAL PROVISIONS

    1. The authority citation for Part 59 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O.

[[Page 60769]]

12127 of Mar. 31, 1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.

    2. We revise the definition of ``Structure'' found in Sec. 59.1 
Definitions to read as follows:


Sec. 59.1  Definitions.

* * * * *
    ``Structure'' means, for floodplain management purposes, a walled 
and roofed building, including a gas or liquid storage tank, that is 
principally above ground, as well as a manufactured home. 
``Structure,'' for insurance purposes, means:
    (1) A building with two or more outside rigid walls and a fully 
secured roof, that is affixed to a permanent site;
    (2) 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
    (3) 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.
    For the latter purpose, ``structure'' does not mean a recreational 
vehicle or a park trailer or other similar vehicle, except as described 
in paragraph (3) of this definition, or a gas or liquid storage tank.
* * * * *

PART 61--INSURANCE COVERAGE AND RATES

    3. The authority citation for part 61 continues to read as follows:

    Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31, 
1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.


Sec. 61.10  [Removed]

    4. We remove Sec. 61.10.
    5. We revise Sec. 61.17 to read as follows:


Sec. 61.17  Group Flood Insurance Policy.

    (a) A Group Flood Insurance Policy (GFIP) is a policy covering all 
individuals named by a State as recipients under section 411 of the 
Stafford Act (42 U.S.C. 5178) of an Individual and Family Grant (IFG) 
program award for flood damage as a result of a major disaster 
declaration by the President.
    (b) The premium for the GFIP is a flat fee of $200 per 
policyholder. We may adjust the premium to reflect NFIP loss experience 
and any adjustment of benefits under the IFG program.
    (c) The amount of coverage is equivalent to the maximum grant 
amount established under section 411 of the Stafford Act (42 U.S.C. 
5178).
    (d) The term of the GFIP is for 37 months and begins 60 days after 
the date of the disaster declaration.
    (e) Coverage for individual grantees begins on the thirtieth day 
after the NFIP receives the required data for individual grantees and 
their premium payments.
    (f) We will send a Certificate of Flood Insurance to each 
individual insured under the GFIP.
    (g) The GFIP is the Standard Flood Insurance Policy Dwelling Form 
(a copy of which is included in Appendix A(1) of this part), except 
that:
    (1) VI. DEDUCTIBLES does not apply to the GFIP. A special 
deductible of $200 (applicable separately to any building loss and any 
contents loss) applies to insured flood-damage losses sustained by the 
insured property in the course of any subsequent flooding event during 
the term of the GFIP. The deductible does not apply to:
    (i) III.C.2. Loss Avoidance Measures; or
    (ii) III. C.3. Condominium Loss Assessments coverage.
    (2) VII. GENERAL CONDITIONS, E. Cancellation of Policy by You, does 
not apply to the GFIP.
    (3) VII. GENERAL CONDITIONS, H. Policy Renewal, does not apply to 
the GFIP.
    (h) We will send a notice to the GFIP certificate holders 
approximately 60 days before the end of the thirty-seven month term of 
the GFIP. The notice will encourage them to contact a local insurance 
agent or producer or a private insurance company selling NFIP policies 
under the Write Your Own program of the NFIP to apply for a 
conventional NFIP Standard Flood Insurance Policy, and advise them as 
to the amount of coverage they must maintain in order not to jeopardize 
their eligibility for future disaster assistance. The IFG program will 
provide the NFIP the amount of flood insurance coverage to be 
maintained by certificate holders.

    6. We revise Appendix A(1) to Part 61, Dwelling Form, to read as 
follows:

APPENDIX A(1) TO PART 61

Federal Emergency Management Agency, Federal Insurance Administration

Standard Flood Insurance Policy

DWELLING FORM

    Please read the policy carefully. The flood insurance provided 
is subject to limitations, restrictions, and exclusions. This policy 
covers only:
    1. A non-condominium residential building designed for principal 
use as a dwelling place of one to four families, or
    2. A single family dwelling unit in a condominium building.

I. Agreement

    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 and your spouse, if a 
resident of the same household. 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 
that 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.

[[Page 60770]]

    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 made up of 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(s) or personal property are 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. Dwelling. A building designed for use as a residence for no 
more than four families or a single-family unit in a building under 
a condominium form of ownership.
    14. 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.
    15. 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.
    16. 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.
    17. 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.
    18. Improvements. Fixtures, alterations, installations, or 
additions comprising a part of the insured dwelling or the apartment 
in which you reside.
    19. Mudflow. A river of liquid and flowing mud on the surface 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.
    20. 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.
    21. 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 dwelling, which you specifically described in the 
application, may be insured under this policy.
    22. 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.
    23. 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.
    24. Probation Premium. A flat charge you must pay on each new or 
renewal policy issued covering property in a community the NFIP has 
placed on probation under the provisions of 44 CFR 59.24.
    25. 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.
    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 you own in a 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 dwelling at the described location, or for a period of 45 
days at another location as set forth in III.C.2.b., Property 
Removed to Safety.
    2. Additions and extensions attached to and in contact with the 
dwelling 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 
dwelling and cannot be separately insured.
    3. A detached garage at the described location. Coverage is 
limited to no more than 10% of the limit of liability on the 
dwelling. Use of this insurance is at your option but reduces the 
building limit of liability. We do not cover any detached garage 
used or held for use for residential (i.e., dwelling), business, or 
farming purposes.
    4. Materials and supplies to be used for construction, 
alteration, or repair of the dwelling or a detached garage while the 
materials and supplies are stored in a fully enclosed building at 
the described location or on an adjacent property.
    5. 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-A30, AR, 
AR/AE, AR/AH, AR/A1-A30, AR/A, AR/AO; or
    (2) Below the base flood elevation adjusted to include the 
effect of wave action in Zones VE or V1-V30.
    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.
    6. A manufactured home or a travel trailer as described in the 
Definitions section (see II.B.6.b. and II.B.6.c.).
    If the manufactured home or travel trailer 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.
    7. The following items of property which are covered under 
Coverage A only:
    a. Awnings and canopies;
    b. Blinds;

[[Page 60771]]

    c. Built-in dishwashers;
    d. Built-in microwave ovens;
    e. Carpet permanently installed over unfinished flooring;
    f. Central air conditioners;
    g. Elevator equipment;
    h. Fire sprinkler systems;
    i. Walk-in freezers;
    j. Furnaces and radiators;
    k. Garbage disposal units;
    l. Hot water heaters, including solar water heaters;
    m. Light fixtures;
    n. Outdoor antennas and aerials fastened to buildings;
    o. Permanently installed cupboards, bookcases, cabinets, 
paneling, and wallpaper;
    p. Plumbing fixtures;
    q. Pumps and machinery for operating pumps;
    r. Ranges, cooking stoves, and ovens;
    s. Refrigerators; and
    t. Wall mirrors, permanently installed.
    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 
against direct physical loss by or from flood to personal property 
inside a building at the described location, if:
    a. The property is owned by you or your household family 
members; and
    b. At your option, the property is owned by guests or servants.
    Personal property is also covered for a period of 45 days at 
another location as set forth in III.C.2.b., Property Removed to 
Safety.
    Personal property in a building that is not fully enclosed must 
be secured to prevent flotation out of the building. If the personal 
property does float out during a flood, it will be conclusively 
presumed that it was not reasonably secured. In that case there is 
no coverage for such property.
    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. Carpets, 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 food in any freezer; 
and
    g. 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. If you are a tenant and have insured personal property under 
Coverage B in this policy, we will cover such property, including 
your cooking stove or range and refrigerator. The policy will also 
cover improvements made or acquired solely at your expense in the 
dwelling or apartment in which you reside, but for not more than 10% 
of the limit of liability shown for personal property on the 
Declarations Page. Use of this insurance is at your option but 
reduces the personal property limit of liability.
    5. If you are the owner of a unit and have insured personal 
property under Coverage B in this policy, we will also cover your 
interior walls, floor, and ceiling (not otherwise covered under a 
flood insurance policy purchased by your condominium association) 
for not more than 10% of the limit of liability shown for personal 
property on the Declarations Page. Use of this insurance is at your 
option but reduces the personal property limit of liability.
    6. 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; or
    e. Personal property used in any business.
    7. 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 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.
    (b) The value of work, at the Federal minimum wage, that you or 
a member of your household perform.
    (2) This coverage for Sandbags, Supplies and Labor only applies 
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 building; or
    (b) A legally authorized official must issue an evacuation order 
or other civil order for the community in which the 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, you or a member of your household 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.

[[Page 60772]]

    3. Condominium Loss Assessments.
    a. If this policy insures a unit, we will pay, up to the 
Coverage A limit of liability, your share of loss assessments 
charged against you by the condominium association in accordance 
with the condominium association's articles of association, 
declarations and your deed.
    The assessment must be made as a result of direct physical loss 
by or from flood during the policy term, to the building's common 
elements.
    b. We will not pay any loss assessment charged against you:
    (1) And the condominium association by any governmental body;
    (2) That results from a deductible under the insurance purchased 
by the condominium association insuring common elements;
    (3) That results from a loss to personal property, including 
contents of a condominium building;
    (4) That results from a loss sustained by the condominium 
association that was not reimbursed under a flood insurance policy 
written in the name of the association under the Act because the 
building was not, at the time of loss, insured for an amount equal 
to the lesser of:
    (a) 80% or more of its full replacement cost; or
    (b) The maximum amount of insurance permitted under the Act;
    (5) To the extent that payment under this policy for a 
condominium building loss, in combination with payments under any 
other NFIP policies for the same building loss, exceeds the maximum 
amount of insurance permitted under the Act for that kind of 
building; or
    (6) To the extent that payment under this policy for a 
condominium building loss, in combination with any recovery 
available to you as a tenant in common under any NFIP condominium 
association policies for the same building loss, exceeds the amount 
of insurance permitted under the Act for a single-family dwelling.
    Loss assessment coverage does not increase the Coverage A 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 $20,000 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 two 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.
    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

[[Page 60773]]

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 80% 
insurance-to-value requirement for replacement cost coverage as set 
forth in VII. General Conditions, V. Loss Settlement.
    b. All other conditions and provisions of the policy apply.

IV. Property Not Covered

    We do not cover any of the following:
    1. Personal property not inside a building;
    2. A building, and personal property in it, located entirely in, 
on, or over water or seaward of mean high tide if it was 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 not licensed for use on public roads that 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 or the 
building in which the insured unit is located;
    10. Containers, including related equipment, such as, but not 
limited to, tanks containing gases or liquids;
    11. Buildings or units 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 Improvement Act and amendments to these Acts;
    16. Personal property you own in common with other unit owners 
comprising the membership of a condominium association.

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 we describe in 
Coverage D--Increased Cost of Compliance; or
    7. Any other economic loss you suffer.
    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 area; 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 any of the following:
    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 dwelling; or
    b. That is within your control, including but not limited to:
    (1) Design, structural, or mechanical defects;
    (2) Failure, stoppage, 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 the covered property;
unless there is a flood in the area and the flood is the proximate 
cause of the sewer or drain backup, 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 on the described location;
    8. Theft, fire, explosion, wind, or windstorm;
    9. Anything you or any member of your household do or conspires 
to do to deliberately cause loss by flood; 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 your deductible amount, subject 
to the limit of liability 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.

[[Page 60774]]

    C. The deductible does NOT apply to:
    1. III.C.2. Loss Avoidance Measures;
    2. III.C.3. Condominium Loss Assessments; or
    3. III.D. Increased Cost of Compliance.

VII. 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, minus its depreciation, or
    2. The amount that 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 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 reenter the program during the policy term and before the 
loss occurred; or
    b. If the property listed on the application is otherwise not 
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 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 other insurance in the name of your condominium 
association covering the same property covered by this policy, then 
this policy will be in excess over the other insurance.

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 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 the 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. If 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 to the amount 
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 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 non-receipt 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

[[Page 60775]]

due date, then we will not renew the policy. In that case, the 
policy will remain 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 recertify, on a Recertification 
Questionnaire we will provide to 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 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 covered property during 
the term of the policy;
    f. Specifications of damaged 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 60 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 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, rules and regulations, and other relevant documents if you 
are a unit owner in a condominium building; 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 reasonably make 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 
that 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 the 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 VII. P.
    2. If we reject your proof of loss in whole or in part you may:
    a. Accept our 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 to us damaged or undamaged property insured 
under this policy.

O. Salvage

    We may permit you to keep damaged property insured under this 
policy 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 your damaged property to settle upon 
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 covered 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 Property 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.

[[Page 60776]]

    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 after 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 covered 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 when 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 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 described 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 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 Section 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 
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

[[Page 60777]]

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. Your option under 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 a single-family dwelling provided:
    (1) It is your principal residence, which means that, at the 
time of loss, you or your spouse lived there for 80% of:
    (a) The 365 days immediately preceding the loss; or
    (b) The period of your ownership, if you owned the dwelling for 
less than 365 days; and
    (2) At the time of loss, the amount of insurance in this policy 
that applies to the dwelling is 80% or more of its full replacement 
cost immediately before the loss, or is the maximum amount of 
insurance available under the NFIP.
    b. Special Loss Settlement, described in V.3. below, applies to 
a single-family dwelling that is a manufactured or mobile home or a 
travel trailer.
    c. Actual Cash Value loss settlement applies to a single-family 
dwelling not subject to replacement cost or special loss settlement, 
and to the property listed in V.4. below.

2. Replacement Cost Loss Settlement

    The following loss settlement conditions apply to a single-
family dwelling described in V.1.a. above:
    a. We will pay to repair or replace the damaged dwelling after 
application of the deductible and without deduction for 
depreciation, but not more than the least of the following amounts:
    (1) The building limit of liability shown on your Declarations 
Page;
    (2) The replacement cost of that part of the dwelling damaged, 
with materials of like kind and quality and for like use; or
    (3) The necessary amount actually spent to repair or replace the 
damaged part of the dwelling for like use.
    b. If the dwelling is rebuilt at a new location, the cost 
described above is limited to the cost that would have been incurred 
if the dwelling had been rebuilt at its former location.
    c. When the full cost of repair or replacement is more than 
$1,000, or more than 5% of the whole amount of insurance that 
applies to the dwelling, we will not be liable for any loss under 
V.2.a. above or V.4.a.(2) below unless and until actual repair or 
replacement is completed.
    d. You may disregard the replacement cost conditions above and 
make claim under this policy for loss to dwellings on an actual cash 
value basis. You may then make claim for any additional liability 
according to V.2.a., b., and c. above, provided you notify us of 
your intent to do so within 180 days after the date of loss.
    e. If the community in which your dwelling is located has been 
converted from the Emergency Program to the Regular Program during 
the current policy term, then we will consider the maximum amount of 
available NFIP insurance to be the amount that was available at the 
beginning of the current policy term.

3. Special Loss Settlement

    a. The following loss settlement conditions apply to a single-
family dwelling that:
    (1) is a manufactured or mobile home or a travel trailer, as 
defined in II.B.6.b. and c.,
    (2) is at least 16 feet wide when fully assembled and has an 
area of at least 600 square feet within its perimeter walls when 
fully assembled, and
    (3) is your principal residence as specified in V.1.a.(1) above.
    b. If such a dwelling 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-damage condition, we will, at our 
discretion pay the least of the following amounts:
    (1) The lesser of the replacement cost of the dwelling or 1.5 
times the actual cash value, or
    (2) The building limit of liability shown on your Declarations 
Page.
    c. If such a dwelling is partially damaged and, in our judgment, 
it is economically feasible to repair it to its pre-damage 
condition, we will settle the loss according to the Replacement Cost 
conditions in V.2.above.

4. Actual Cash Value Loss Settlement

    The types of property noted below are subject to actual cash 
value (or in the case of V.4.a.(2), below, proportional) loss 
settlement.
    a. A dwelling, at the time of loss, when the amount of insurance 
on the dwelling is both less than 80% of its full replacement cost 
immediately before the loss and less than the maximum amount of 
insurance available under the NFIP. In that case, we will pay the 
greater of the following amounts, but not more than the amount of 
insurance that applies to that dwelling:
    (1) The actual cash value, as defined in II.B.2., of the damaged 
part of the dwelling; or
    (2) A proportion of the cost to repair or replace the damaged 
part of the dwelling, without deduction for physical depreciation 
and after application of the deductible.
    This proportion is determined as follows: If 80% of the full 
replacement cost of the dwelling is less than the maximum amount of 
insurance available under the NFIP, then the proportion is 
determined by dividing the actual amount of insurance on the 
dwelling by the amount of insurance that represents 80% of its full 
replacement cost. But if 80% of the full replacement cost of the 
dwelling is greater than the maximum amount of insurance available 
under the NFIP, then the proportion is determined by dividing the 
actual amount of insurance on the dwelling by the maximum amount of 
insurance available under the NFIP.
    b. A two-, three-, or four-family dwelling.
    c. A unit that is not used exclusively for single-family 
dwelling purposes.
    d. Detached garages.
    e. Personal property.
    f. Appliances, carpets, and carpet pads.
    g. Outdoor awnings, outdoor antennas or aerials of any type, and 
other outdoor equipment.
    h. Any property covered under this policy that is abandoned 
after a loss and remains as debris anywhere on the described 
location.
    i. A dwelling that is not your principal residence.

5. Amount of Insurance Required

    To determine the amount of insurance required for a dwelling 
immediately before the loss, we do not include the value of:
    a. Footings, foundations, piers, or any other structures or 
devices that are below the undersurface of the lowest basement floor 
and support all or part of the dwelling;
    b. Those supports listed in V.5.a. above, that are below the 
surface of the ground inside the foundation walls if there is no 
basement; and
    c. Excavations and underground flues, pipes, wiring, and drains.

    Note: The Coverage D--Increased Cost of Compliance limit of 
liability is not included in the determination of the amount of 
insurance required.

VIII. 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.

IX. 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.

Jo Ann Howard,
Administrator, Federal Insurance Administration.


    7. We revise Appendix A(2) to Part 61, General Property Form, to 
read as follows:

[[Page 60778]]

APPENDIX A(2) TO PART 61

Federal Emergency Management Agency, Federal Insurance Administration

Standard Flood Insurance Policy

GENERAL PROPERTY FORM

    Please read the policy carefully. The flood insurance coverage 
provided is subject to limitations, restrictions, and exclusions.
    This policy provides no coverage:
    1. In a regular program community, for a residential condominium 
building, as defined in this policy; and
    2. Except for personal property coverage, for a unit in a 
condominium building.

I. Agreement

    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. The 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 insured building.
    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 that 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 has been 
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, V.
    27. Stock means merchandise held in storage or for sale, raw 
materials, and in-process or finished goods, including supplies used 
in their packing or shipping.

[[Page 60779]]

    Stock does not include any property not covered under Section 
IV. Property Not
    Covered, except the following:
    a. Parts and equipment for self-propelled vehicles;
    b. Furnishings and equipment for watercraft;
    c. Spas and hot-tubs, including their equipment; and
    d. Swimming pool equipment.
    28. Unit. A unit in a condominium building.
    29. 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 building described on the Declarations Page at the 
described location. If the building is a condominium building and 
the named insured is the condominium association, Coverage A 
includes all units within the building and the improvements within 
the units, provided the units are owned in common by all unit 
owners.
    2. We also insure 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, 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 attached to buildings;
    l. Permanently installed cupboards, bookcases, paneling, and 
wallpaper;
    m. Pumps and machinery for operating pumps;
    n. Ventilating equipment; and
    o. Wall mirrors, permanently installed;
    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. 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-A30, AR, 
AR/AE, AR/AH, AR/A1-A30, AR/A, AR/AO; or
    (2) Below the base flood elevation adjusted to include the 
effect of wave action in Zones VE or V1-V30.
    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.6.b.and II.B.6.c.).
    If the manufactured home or travel trailer 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., 3., and 4. below, against direct physical loss by 
or from flood to personal property inside the fully enclosed insured 
building:
    a. Owned solely by you, or in the case of a condominium, owned 
solely by the condominium association and used exclusively in the 
conduct of the business affairs of the condominium association; or
    b. Owned in common by the unit owners 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. When this policy covers personal property, coverage will be 
either for household personal property or other than household 
personal property, while within the insured building, but not both.
    a. If this policy covers household personal property, it will 
insure household personal property usual to a living quarters, that:
    (1) Belongs to you, or a member of your household, or at your 
option:
    (a) Your domestic worker;
    (b) Your guest; or
    (2) You may be legally liable for.
    b. If this policy covers other than household personal property, 
it will insure your:
    (1) Furniture and fixtures;
    (2) Machinery and equipment;
    (3) Stock; and
    (4) Other personal property owned by you and used in your 
business, subject to IV. Property Not Covered.
    3. Coverage for personal property includes the following 
property, subject to B.1.a. and B.1.b. above, which is covered under 
Coverage B. only:
    a. Air conditioning units installed in the building;
    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;

[[Page 60780]]

    h. Ovens and the like; and
    i. Portable microwave ovens and portable dishwashers.
    4. 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.
    5. Special Limits. We will pay no more than $2,500 for any 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, articles 
of gold, silver, or platinum;
    d. Furs or any article containing fur which represents its 
principal value; or
    6. We will pay only for the functional value of antiques.
    7. If you are a tenant, you may apply up to 10% of the Coverage 
B limit to improvements:
    a. Made a part of the building you occupy; and
    b. You acquired, or made at your expense, even though you cannot 
legally remove.
    This coverage does not increase the amount of insurance that 
applies to insured personal property.
    8. If you are a condominium unit owner, you may apply up to 10% 
of the Coverage B limit to cover loss to interior:
    a. walls,
    b. floors, and
    c. ceilings,
that are not covered under a policy issued to the condominium 
association insuring the condominium building.
    This coverage does not increase the amount of insurance that 
applies to insured personal property.
    9. If you are a tenant, personal property must be inside the 
fully enclosed building.

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 only applies 
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 place 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.
    3. Pollution Damage.
    We will pay for damage caused by pollutants to covered property 
if the discharge, seepage, migration, release, or escape of the 
pollutants is caused by or results from flood. The most we will pay 
under this coverage is $10,000. This coverage does not increase the 
Coverage A or Coverage B limits of liability. Any payment under this 
provision when combined with all other payments for the same loss 
cannot exceed the replacement cost or actual cash value, as 
appropriate, of the covered property. This coverage does not include 
the testing for or monitoring of pollutants unless required by law 
or ordinance.

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 $20,000 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

[[Page 60781]]

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.
    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.
    All other conditions and provisions of the policy apply.

IV. Property Not Covered

    A. We do not cover any of the following property:
    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 it was 
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 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 or units and all their contents if more than 49% 
of the actual cash value of the building or unit 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 Improvement Act of 1990 and amendments to these Acts;
    16. Personal property owned by or in the care, custody or 
control of a unit owner, except for property of the type and under 
the circumstances set forth under III. Coverage B--Personal Property 
of this policy;
    17. A residential condominium building located in a Regular 
Program community.

V. Exclusions

    A. We only provide coverage 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 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 you suffer.
    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

[[Page 60782]]

    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 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 the covered property;
unless there is a flood in the area and the flood is the proximate 
cause of the sewer or drain backup, 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 that 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.

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 liability 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. 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 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 otherwise not 
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. 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. Where this policy covers a condominium association and 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 
can constitute 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. If 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 that 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 to the amount 
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

[[Page 60783]]

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. 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 to 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 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 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 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 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;
    c. Amounts of loss claimed;
    d. Any written plans and specifications for repair of the 
damaged property that you can reasonably make 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 
that 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

[[Page 60784]]

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 VII. 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 of the 
damaged property so as to determine the amount of loss, 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 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.
    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 Property 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 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 when 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 described 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 that 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

[[Page 60785]]

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. Property may not be insured 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. Your 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

    We will pay the least of the following amounts after application 
of the deductible:
    1. The applicable amount of insurance under this policy;
    2. The actual cash value; 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.

VIII. 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.

IX. 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.

Jo Ann Howard,
Administrator, Federal Insurance Administration.



    8. We revise Appendix A(3) to Part 61, Residential Condominium 
Building Association Policy, to read as follows:

APPENDIX A(3) TO PART 61

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.

[[Page 60786]]

    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.

[[Page 60787]]

    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

[[Page 60788]]

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 $20,000 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.

[[Page 60789]]

    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 <divide> 200,000 = .90
  (90% of what should be carried.)
Step 2: 150,000  x  .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).

[[Page 60790]]

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:

[[Page 60791]]

    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.

[[Page 60792]]

    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

[[Page 60793]]

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.

Jo Ann Howard,
Administrator, Federal Insurance Administration.




    9. We revise Appendix A (4) to Part 61 to read as follows:

APPENDIX A (4) TO PART 61

Federal Emergency Management Agency, Federal Insurance Administration

Standard Flood Insurance Policy

ENDORSEMENT TO DWELLING FORM POLICY

    This endorsement replaces the provisions of VII.B.4 and VII.H.2, 
and also adds a new paragraph, VII.H.5. This endorsement applies 
only in Monroe County and the Village of Islamorada, Florida.
    VII.B.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.
    b. If you have not submitted a community inspection report, 
referred to in ``H. Policy Renewal'' below, that was required in a 
notice sent to you in conjunction with the community inspection 
procedure established under 44 CFR 59.30.
    c. If the property listed on the application is not otherwise 
eligible for coverage under the NFIP
    VII.H.2. We must receive the payment of the appropriate renewal 
premium and when applicable, the community inspection report 
referred to in H.5 below within 30 days of the expiration date.
    VII.H.5. Your community has been approved by the Federal 
Emergency Management Agency to participate in an inspection 
procedure set forth in National Flood Insurance Program Regulations 
(44 CFR 59.30). During the several years that this inspection 
procedure will be in place, you may be required to obtain and submit 
an inspection report from your community certifying whether or not 
your insured property is in compliance with the community's 
floodplain management ordinance before you can renew your policy. 
You will be notified in writing of this requirement approximately 6 
months before a renewal date and again at the time your renewal bill 
is sent.



    10. We revise Appendix A (5) to Part 61 to read as follows:

APPENDIX A(5) TO PART 61

Federal Emergency Management Agency, Federal Insurance Administration

Standard Flood Insurance Policy

ENDORSEMENT TO GENERAL PROPERTY FORM

    This endorsement replaces the provisions of VII.B.4 and VII.H.2, 
and also adds a new paragraph, VII.H.5. This endorsement applies 
only in Monroe County and the Village of Islamorada, Florida.
    VII.B.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:

[[Page 60794]]

    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.
    b. If you have not submitted a community inspection report, 
referred to in ``H. Policy Renewal'' below, that was required in a 
notice sent to you in conjunction with the community inspection 
procedure established under 44 CFR 59.30.
    c. If the property listed on the application is not otherwise 
eligible for coverage under the NFIP
    VII.H.2. We must receive the payment of the appropriate renewal 
premium and when applicable, the community inspection report 
referred to in H.5 below within 30 days of the expiration date.
    VII.H.5. Your community has been approved by the Federal 
Emergency Management Agency to participate in an inspection 
procedure set forth in National Flood Insurance Program Regulations 
(44 CFR 59.30). During the several years that this inspection 
procedure will be in place, you may be required to obtain and submit 
an inspection report from your community certifying whether or not 
your insured property is in compliance with the community's 
floodplain management ordinance before you can renew your policy. 
You will be notified in writing of this requirement approximately 6 
months before a renewal date and again at the time your renewal bill 
is sent.



    11. We revise Appendix A (6) to Part 61 to read as follows:

APPENDIX A(6) TO PART 61

Federal Emergency Management Agency, Federal Insurance Administration

Standard Flood Insurance Policy

ENDORSEMENT to RESIDENTIAL CONDOMINIUM BUILDING ASSOCIATION POLICY

    This endorsement replaces the provisions of VIII.B.4. and 
VIII.H.2, and also adds a new paragraph, VIII.H.5. This endorsement 
applies only in Monroe County and the Village of Islamorada, 
Florida.
    VIII.B.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.
    b. If you have not submitted a community inspection report, 
referred to in ``H. Policy Renewal'' below, that was required in a 
notice sent to you in conjunction with the community inspection 
procedure established under 44 CFR 59.30.
    c. If the property listed on the application is not otherwise 
eligible for coverage under the NFIP
    VIII.H.2. We must receive the payment of the appropriate renewal 
premium and when applicable, the community inspection report 
referred to in H.5 below within 30 days of the expiration date.
    VIII.H.5. Your community has been approved by the Federal 
Emergency Management Agency to participate in an inspection 
procedure set forth in National Flood Insurance Program Regulations 
(44 CFR 59.30). During the several years that this inspection 
procedure will be in place, you may be required to obtain and submit 
an inspection report from your community certifying whether or not 
your insured property is in compliance with the community's 
floodplain management ordinance before you can renew your policy. 
You will be notified in writing of this requirement approximately 6 
months before a renewal date and again at the time your renewal bill 
is sent.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'').


    Dated: October 2, 2000.
Jo Ann Howard,
Administrator, Federal Insurance Administration.
[FR Doc. 00-25833 Filed 10-11-00; 8:45 am]
BILLING CODE 6718-03-P


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