cfr_sections
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11 rows where part_number = 62 and title_number = 44 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 44:44:1.0.1.2.27.1.9.1 | 44 | Emergency Management and Assistance | I | B | 62 | PART 62—SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS | A | Subpart A—Issuance of Policies | § 62.1 Purpose of part. | FEMA | The purpose of this part is to set forth the manner in which flood insurance under the Program is made available to the general public in those communities designated as eligible for the sale of insurance under part 64 of this subchapter, and to prescribe the general method by which the Federal Insurance Administrator exercises his/her responsibility regarding the manner in which claims for losses are paid. | ||||
| 44:44:1.0.1.2.27.1.9.2 | 44 | Emergency Management and Assistance | I | B | 62 | PART 62—SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS | A | Subpart A—Issuance of Policies | § 62.2 Definitions. | FEMA | The definitions set forth in part 59 of this subchapter are applicable to this part. | ||||
| 44:44:1.0.1.2.27.1.9.3 | 44 | Emergency Management and Assistance | I | B | 62 | PART 62—SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS | A | Subpart A—Issuance of Policies | § 62.3 Servicing agent. | FEMA | [85 FR 43985, July 20, 2020] | (a) Pursuant to sections 1345 and 1346 of the Act, the Federal Insurance Administrator may enter into an agreement with a servicing agent to authorize it to assist in issuing flood insurance policies under the Program in communities designated by the Federal Insurance Administrator and to accept responsibility for delivery of policies and payment of claims for losses as prescribed by and at the discretion of the Federal Insurance Administrator. (b) The servicing agent will arrange for the issuance of flood insurance to any person qualifying for such coverage under parts 61 and 64 of this subchapter who submits an application to the servicing agent in accordance with the terms and conditions of the contract between the Agency and the servicing agent. | |||
| 44:44:1.0.1.2.27.1.9.4 | 44 | Emergency Management and Assistance | I | B | 62 | PART 62—SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS | A | Subpart A—Issuance of Policies | § 62.4 Limitations on sale of policies. | FEMA | [43 FR 2573, Jan. 17, 1978. Redesignated at 44 FR 31177, May 31, 1979, as amended at 48 FR 44544, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984] | (a) The servicing agent shall be deemed to have agreed, as a condition of its contract that it shall not offer flood insurance under any authority or auspices in any amount within the maximum limits of coverage specified in § 61.6 of this subchapter, in any area the Federal Insurance Administrator designates in part 64 of this subchapter as eligible for the sale of flood insurance under the Program, other than in accordance with this part, and the Standard Flood Insurance Policy. (b) The agreement and all activities thereunder are subject to title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, and to the applicable Federal regulations and requirements issued from time to time pursuant thereto. No person shall be excluded from participation in, denied the benefits of, or subjected to discrimination under the Program, on the ground of race, color, sex, creed or national origin. Any complaint or information concerning the existence of any such unlawful discrimination in any matter within the purview of this part should be referred to the Federal Insurance Administrator. | |||
| 44:44:1.0.1.2.27.1.9.5 | 44 | Emergency Management and Assistance | I | B | 62 | PART 62—SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS | A | Subpart A—Issuance of Policies | § 62.5 Nullifications, cancellations, and premium refunds. | FEMA | [85 FR 43985, July 20, 2020] | (a) Nullification —(1) Property ineligible at time of application. FEMA will void a policy for a property that was not eligible for coverage at the time of the initial application from the commencement of the policy. FEMA must pay the policyholder a refund of all premium, fees, and surcharges paid from the date of commencement of the policy, but no more than 5 years prior to the date of receipt of verifiable evidence that the property was ineligible for coverage at the time of the initial application. If FEMA paid a claim for an ineligible property, the policyholder must return the claim payment to FEMA, or offset the payment from the premiums to be refunded, before FEMA will process the refund. (2) Property later becomes ineligible. FEMA may not renew a policy for a property that was eligible for coverage at the time of the initial application, but later became ineligible for coverage. In such instances, FEMA must nullify the policy from the first renewal date after the property became ineligible. FEMA must refund all premium, fees, and surcharges paid from the first renewal date after the property became ineligible, but no more than 5 years prior to the date of receipt of verifiable evidence that the property was eligible for coverage at the time of the initial application, but later became ineligible for coverage. If FEMA paid a claim for a property after it became ineligible for coverage, the policyholder must return the claim payment to FEMA or FEMA must offset the amount of claim payment from the premiums to be refunded before FEMA may process the refund. (3) Nullification prior to policy effective date. If FEMA nullifies a policy prior to the policy effective date, that policy will be void from the commencement of the nullified policy term. In such case, FEMA will refund all premium, fees, and surcharges paid for the current policy term only. If FEMA paid a claim for a policy that was improperly issued, the policyholder must return the claim payment to FEMA or FEMA must offset the amount of claim … | |||
| 44:44:1.0.1.2.27.1.9.6 | 44 | Emergency Management and Assistance | I | B | 62 | PART 62—SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS | A | Subpart A—Issuance of Policies | § 62.6 Brokers and agents writing NFIP policies through the NFIP Direct Servicing Agent. | FEMA | [46 FR 13515, Feb. 23, 1981, as amended at 53 FR 15221, Apr. 28, 1988; 57 FR 19541, May 7, 1992; 86 FR 10029, Feb. 18, 2021] | (a) A broker or agent selling policies of flood insurance placed with the NFIP at the offices of its servicing agent must be duly licensed by the state insurance regulatory authority in the state in which the property is located. (b) The earned commission which will be paid to any property or casualty insurance agent or broker, with respect to each policy or renewal the agent duly procures on behalf of the insured, in connection with policies of flood insurance placed with the NFIP at the offices of its servicing agent, but not with respect to policies of flood insurance issued pursuant to subpart C of this part, will not be less than $10 and is computed as follows: (1) In the case of a new or renewal policy, the following commissions shall apply based on the total premiums paid for the policy term: (2) In the case of mid-term increases in amounts of insurance added by endorsements, the following commissions shall apply based on the total premiums paid for the increased amounts of insurance: (c) Any refunds of premiums authorized under this subchapter shall not affect a previously earned commission; and no agent shall be required to return that earned commission, unless the refund is made to establish a common policy term anniversary date with other insurance providing coverage against loss by other perils in which case a return of commission will be required by the agent on a pro rata basis. In such cases, the policy shall be immediately rewritten for a new term with the same amount(s) of coverage and with premium calculated at the then current rate and, as to return premium, returned, pro rata, to the insured based on the former policy's premium rate. | |||
| 44:44:1.0.1.2.27.2.9.1 | 44 | Emergency Management and Assistance | I | B | 62 | PART 62—SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS | B | Subpart B—Claims Adjustment, Claims Appeals, and Judicial Review | § 62.20 Claims appeals. | FEMA | [71 FR 30298, May 26, 2006, as amended at 71 FR 60438, Oct. 13, 2006; 74 FR 56123, Oct. 30, 2009; 81 FR 20258, Apr. 7, 2016] | (a) Definitions. Appeal decision means the disposition of the appeal by the Federal Insurance Administrator. Decision means the insurer's final claim determination, which is the insurer's written denial, in whole or in part, of the insured's claim. (b) Appeal. A National Flood Insurance Program (NFIP) policyholder, whether insured by a participating Write-Your-Own (WYO) Company or directly by the Federal Emergency Management Agency (FEMA), may appeal a decision , including a determination of any insurance agent, adjuster, insurance company, or any FEMA employee or contractor with respect to a claim, proof of loss, and loss estimate. In order to file an appeal, the insured must comply with all requirements set out in the Standard Flood Insurance Policy (SFIP). This appeals process is available after the issuance of the insurer's final claim determination, which is the insurer's written denial, in whole or in part, of the insured's claim. Once the final claim determination is issued, an insured may appeal any action taken by the insurer, FEMA employee, FEMA contractor, insurance adjuster, or insurance agent. (c) Limitations on Appeals. The appeals process is intended to resolve claim issues and is not intended to grant coverage or limits that are not provided by the SFIP. Filing an appeal does not waive any of the requirements for perfecting a claim under the SFIP or extend any of the time limitations set forth in the SFIP. (1) Disputes that are or have been subject to appraisal as provided for in the SFIP cannot be appealed under this section. (2) When a policyholder files an appeal on any issue, that issue is no longer subject to resolution by appraisal or other pre-litigation remedies. (d) Litigation preclusion. An insured who files suit against an insurer on the flood insurance claim issue is prohibited from filing an appeal under this section. All appeals submitted for decision but not yet resolved shall be terminated upon notice of the commencement of litigation regarding the claim. (e) Pro… | |||
| 44:44:1.0.1.2.27.2.9.2 | 44 | Emergency Management and Assistance | I | B | 62 | PART 62—SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS | B | Subpart B—Claims Adjustment, Claims Appeals, and Judicial Review | § 62.21 Claims adjustment. | FEMA | (a) In accordance with the Agreement, the servicing agent shall arrange for the prompt adjustment and settlement and payment of all claims arising from policies of insurance issued under the program. Investigation of such claims may be made through the facilities of its subcontractors or insurance adjustment organizations, to the extent required and appropriate for the expeditious processing of such claims. (b) All adjustment of losses and settlements of claims shall be made in accordance with the terms and conditions of the policy and parts 61 and 62 of this subchapter. | ||||
| 44:44:1.0.1.2.27.2.9.3 | 44 | Emergency Management and Assistance | I | B | 62 | PART 62—SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS | B | Subpart B—Claims Adjustment, Claims Appeals, and Judicial Review | § 62.22 Judicial review. | FEMA | [43 FR 2573, Jan. 17, 1978. Redesignated at 44 FR 31177, May 31, 1979, as amended at 47 FR 43061 Sept. 30, 1982; 49 FR 33879, Aug. 27, 1984; 69 FR 45610, July 30, 2004; 85 FR 43986, July 20, 2020] | (a) Upon the disallowance by the Federal Insurance and Mitigation Administration, a participating Write-Your-Own Company, or the servicing agent of any claim on grounds other than failure to file a proof of loss, or upon the refusal of the claimant to accept the amount allowed upon any claim after appraisal pursuant to policy provisions, the claimant within one year after the date of mailing by the Federal Insurance and Mitigation Administration, the participating Write-Your-Own Company, or the servicing agent of the notice of disallowance or partial disallowance of the claim may, pursuant to 42 U.S.C. 4072, institute an action on such claim against the insurer only in the U.S. District Court for the district in which the insured property or the major portion thereof shall have been situated, without regard to the amount in controversy. (b) Service of process for all judicial proceedings where a claimant is suing the Administrator of FEMA pursuant to 42 U.S.C. 4071 shall be made upon the appropriate United States Attorney, the Attorney General of the United States, and the Federal Insurance Administrator of the Federal Emergency Management Agency. | |||
| 44:44:1.0.1.2.27.3.9.1 | 44 | Emergency Management and Assistance | I | B | 62 | PART 62—SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS | C | Subpart C—Write-Your-Own (WYO) Companies | § 62.23 WYO Companies authorized. | FEMA | [61 FR 51219, Oct. 1, 1996, as amended at 64 FR 56176, Oct. 18, 1999; 67 FR 13549, Mar. 22, 2002; 69 FR 45610, July 30, 2004; 74 FR 15341, Apr. 3, 2009; 81 FR 84490, Nov. 23, 2016; 89 FR 87309, Nov. 1, 2024] | (a) Pursuant to section 1345 of the Act, the Federal Insurance Administrator may enter into arrangements with individual private sector property insurance companies or other insurers, such as public entity risk sharing organizations. Under these arrangements, such companies or other insurers may offer flood insurance coverage under the program to eligible applicants. Such WYO companies may offer flood coverage to policyholders insured by them under their own property business lines of insurance, pursuant to their customary business practices, including their usual arrangements with agents and producers. WYO companies may sell flood insurance coverage in any State in which the WYO company is authorized to engage in the business of property insurance. Other WYO insurers may offer flood insurance coverage to their pool members insured by them under their own property business lines of coverage, pursuant to their customary business practices. These other WYO insurers may provide flood coverage in any State that has authorized the other insurer to provide property coverage to its members. Arrangements entered into by WYO companies or other insurers under this subpart must be in the form and substance of the standard arrangement, titled “Financial Assistance/Subsidy Arrangement.” Each year, at least six months before the effective date of the “Financial Assistance/Subsidy Arrangement,” FEMA must publish in the Federal Register and make available to the WYO companies the terms for subscription or re-subscription to the “Financial Assistance/Subsidy Arrangement.” (b) Any duly authorized insurer so engaged in the Program shall be a WYO Company. (The term “WYO Company” shall include the following kinds of insurers: Public entity risk-sharing organizations, an association of local governments, a State association of political subdivisions, a State-sponsored municipal league, and other intergovernmental risk-sharing pool for covering public entity structures.) (c) A WYO Company is authorized to arrange for the issuance o… | |||
| 44:44:1.0.1.2.27.3.9.2 | 44 | Emergency Management and Assistance | I | B | 62 | PART 62—SALE OF INSURANCE AND ADJUSTMENT OF CLAIMS | C | Subpart C—Write-Your-Own (WYO) Companies | § 62.24 WYO participation criteria. | FEMA | [67 FR 13550, Mar. 22, 2002, as amended at 86 FR 67659, Nov. 29, 2021] | New companies or organizations eligible for the pilot project we describe in paragraph (b) of this section that seek to participate in the WYO program, as well as former WYO companies seeking to return to the WYO program, must meet standards for financial capability and stability for statistical and financial reporting and for commitment to program objectives. (a) To demonstrate the ability to meet the financial requirements, a private insurance company wishing to enter or reenter the WYO program must: (1) Be a licensed property insurance company; (2) Have a five (5) year history of writing property insurance; (3) Disclose any legal proceedings, suspensions, judgments, settlements, or agreements reached with any State insurance department, State attorney general, State corporation commission, or the Federal Government during the immediately prior five (5) years regarding the company's business practices; (4) Submit its most recent National Association of Insurance Commissioners (NAIC) annual statement; (5) Submit information, as data become available, to indicate that the company meets or exceeds NAIC standards for risk-based capital and surplus; and (6) Submit its last State or regional audit, which should contain no material negative findings. (b) To demonstrate the ability to meet the financial requirements, a public entity risk-sharing organization, an association of local governments, a State association of political subdivisions, a State-sponsored municipal league, and any other intergovernmental risk-sharing pool for covering public entity structures, wishing to enter the WYO program, which will end September 30, 2004, must: (1) Have authority by a State to provide property coverage to its members; (2) Have a five (5) year history of writing property coverage; (3) Disclose any legal proceedings, suspensions, judgments, settlements, or agreements reached with any State insurance department, State attorney general, State corporation commission, or the Federal Government during the immediately prio… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);