Representing Municipalities and Property Owners
Congress created the National Flood Insurance Program in 1968 to provide insurance coverage in areas where private insurance coverage was not feasible, particularly those locales subject to continuous flooding, run-off or lake flooding. Over the years, the program has had difficulty covering loss claims from its premium income. In response, various policy restrictions and conditions have been instituted which make it more difficult for policy holders to obtain fair compensation when they incur losses.
For this reason, insured property owners and municipalities facing flood losses often need legal representation in order to obtain the compensation they deserve.
FEMA Law Associates is a firm with extensive experience in National Flood Insurance Program issues. We offer support to organizations and property owners who participate in the program, including advice on preparing claims and during litigation efforts.
Contact us for a consultation. Let us use our knowledge and expertise to help you resolve your insurance issues successfully.
Flood Insurance Claims Are Unique
Litigation involving flood insurance claims is quite different from that involving other types of insurance. As the ultimate insurer, the federal government has many defenses available to it that private insurers do not, such as sovereign immunity, federal preemption, and a requirement of strict compliance with regulatory requirements. In addition, there are many complicated issues involving the mandate on communities to adopt and enforce development regulations in flood-prone areas, mandatory purchase requirements, claims involving grandfathered structures and new structures allowed on the floodplain, and others.
Most significant for property owners are the rules involving coverage limits. These provide for compensation for the actual cash value of a building minus accumulated depreciation. For older buildings especially, where there is substantial depreciation, the actual cash value of damaged property is considerably less than the cost of repairing or replacing the damaged property.
FEMA Law Associates understands the many complex aspects of the program and will work to protect your interests to the fullest degree possible.
Expertise in National Flood Insurance Program Rules
Before starting his law practice, Ernest B. Abbott served as General Counsel to the Federal Emergency Management Agency (FEMA). In that position, he played a major role in the creation of the policy rules and conditions in the National Flood Insurance Program. Since that time, he has stayed current regarding subsequent changes to the program and has frequently lectured on the subject in legal and insurance forums.
In addition to helping policy holders obtain compensation for flood losses, attorney Ernest B. Abbott often serves as an expert witness for insureds and insurance companies in suits involving flood insurance claims.
Contact a Lawyer
For a consultation regarding the National Flood Plain Insurance program, contact our firm.
We are based in Washington, D.C., but we represent clients across the country.
