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Home My WebLink About6C - Flood Insurance Findings Update AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: HERITAGE 1891 COMMUNITY 1991 qgJ9!)~k~ 2((91 OTHER BUSINESS DEB GARROSS, ASSISTANT CITY PLANNER UPDATE ON FLOOD INSURANCE FINDINGS OCTOBER 15, 1990 On September 4, 1990, the City Council adopted a revised Flood Plain Management Ordinance for the City of Prior Lake. At that time the council requested staff to further investigate and report on issues related to flood insurance coverage and a potential restudy of the 100 year flood elevation of Prior Lake. The purpose of this memo is to report staff findings related to both issues. Horst Graser has been in contact with DNR Hydrologist, Pat Lynch to discuss the restudy. Mr. L~nch informed staff that the DNR has notifl.ed FEMA via letter dated June 21, 1990 that Prior Lake is included in the highest priority group for restudy. FEMA accomplishes about two restudy efforts per year according to Pat Lynch. The DNR has requested FEMA to allocate additional dollars to Region V in 1991 to accomplish restudies for several communities, including the City of Prior Lake. FEMA will conduct restudies for both the City of Lakeville and City of Coon Rapids in 1991. Pat Lynch estimates that a restudy for Prior Lake will likely happen within the next three to five years. If FEMA undertakes the restudy, the City would be responsible to provide some administrative support services and perhaps provide updated topographic information. The majority of the cost associated with a restudy would be paid by FEMA and the Corps of Engineers. Horst Graser submitted a letter to FEMA dated September 14, 1990 requesting advice as to the procedures, information and time frame that the City of Prior Lake should follow in order to expedite the process. To date, staff has received no word from FEMA. However, a letter will be sent to FEMA from State Representative, Becky Kelso encouraging FEMA to respond the the city 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245 and to undertake a restudy as possible. soon as The issue related to flood insurance coverage is addressed in a letter from Norbert Schwartz, who is the Chief Supervisor for the FEMA Claims office located in Chicago. Mr. Schwartz has indicated in writing that Flood Insurance will cover flood damages and pay claims, caused by lake flooding. The City has also been furnished with a copy of the Standard Flood Insurance Policy which will be kept on file. The policy defines "Flood" in two sections which would cover events that occur in Prior Lake. Flood means a general and tem}?orary condition of partial or complete inundatIon of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from an~ source and rising lake waters that occur contl.nuously for 90 days or more. In instances where it appears reasonably certain that a continuation of flooding will result in damage, losses defined in the policy will be covered. As of March 31, 1990, there were a total of 30 flood insurance policies written on structures located within the City of Prior Lake }?roviding $2,387,000.00 dollars of flood l.nsurance coverage. The insurance covers losses to insured property which are physical losses, meaning actual destruction of or damage to property evidenced by physical changes that are the result of contact with flood water. Items included in coverage are buildings, pumps, furnaces, water heaters, major appliances, air conditioners, foundation elements, utilit~ connections, clean-up and electrical circul.t breaker boxes etc... The policy does not cover losses of jewelry, artwork and other }?ersonal items. A copy of the Insurance Poll.cy is on file with the Plannin9' Department for further reference. Anyone l.nterested in obtaining a copy should contact Deb Garross. ) ~ 10/10 /0; 1 !-J/ r ~ STATE OF WJ~rn~@i?~ OEPARTMENT OF NATURAL RESOURCES ,-~--/ ~ MlNmSOTA ~ 1990 DNR INFORMATION (612) 296-6157 June 21, 1990 500 LAFAYETTE ROAD · ST. PAUL, MINNESOTA. 55155-40 ...~ .-- .. - ,. . Mr. Eric Berman Natural Hazards Branch Federal Emergency Management Agency 175 West Jackson, 4th Floor Chicago IL 60604 . ~.,., .... . '\ . to t .'~',:,,: . -' J ~.".. ... ~(jJ "'\!? ... ..~':'!"\ '" '- '-4.1 1\J"'U R~~.~. ...~ 'II .... .'-.2... ~..... 1\......" ,..,...,...,.._ Dear Mr. Berman: MINNESOTA FIS RESTUDY/TECHNICAL SERVICES REQUEST LIST, FY 91 The following is a revised listing and brief documentation of the FIS restudy/technical service needs for Minnesota for your fiscal year 1991 and beyond. The list incorporates previous restudy requests not previously funded as well as requests for future restudies and technical services as funds become available to you. We would encourage you to use this information as documentation of need for increased funding levels for Region V states. The current level of funding for restudies and limited map maintenance is far below the need based on the number of existing studies which must be revised in order to ensure that proper floodplain management is being accomplished. As you know, updating flood insurance studies is essential to effective flood plain management. -RESTUDIES- HIGHEST PRIORITY GROUP CITY OF LAKEVILLE, DAKOTA COUNTY. The city has been experiencing rapid development and quite a number of LOMRs have been issued. The FIS is no longer accurate and has led to some difficulties in ordinance administration. The hydrology considered in the original FIS is no longer valid based on the many changes that have occurred with development. The entire city should be re- evaluated through the restudy. CITY OF COON RAPIDS, ANOKA COUNTY. The city has been involved in developing flood control projects in several areas as a result of past and present developments. Both the hydrology and hydraulics of a number of areas have been affected. Quite a few LOMRs have been issued and the FIS is quite old and out of date. AN EOUAL OPPORTUNITY EMPlOYER -RESTUDIES- FUTURE PRIORITY GROUP CITY OF MAZEPPA, WABASHA COUNTY. This community has an existing FIS which has and continues to be contested by the City. DNR, Division of Waters staff reviewed the HEC2 model developed as a part of the FIS and found what we considered to be significant model1ing errors which resulted in flood elevations six feet higher than our own analysis. The primary problem area appears to be associated with how an old hydropower dam and bridge combination was modelled. The matter was not resolved and the City chose not to participate in the NFIP until the study was corrected. The FIS was published with a FIRM and FBFW map, yet no floodway was designated. The City wishes to enroll in the NFIP but still wants this matter resolved. This matter should have been resolved long ago but still hasn't. The City has filled and flood-proofed their sewage treatment plant since the study process bogged down, and this area should be resurveyed to reflect actual conditions. This effort will involve a complicated modelling effort to accurately assess flow through the dam/bridge, and development of a floodway model through town. The DNR analysis of the dam/bridge would be available for consideration and possible use. CITY OF CAMBRIDGE/ISANTI COUNTY. The City had their initial FHBM rescinded and were determined to be NSFHA. The City has been growing and has an aggressive annexation schedule which is underway. Significant amounts of the county have been annexed into the city including a fair amount of flood hazard area. Significant development pressure is also occurring along the Rum River between the City of Isanti and the City of Cambridge, and north of town in unincorporated areas. The Isanti County FIS did not study a portion of the Rum River north, south and through the city by detailed methods although detailed analyses were done both north and south of the reach in this request. The hydrology and some detailed data should already be available as a result of the County FIS. In order to provide for orderly and proper development of these areas, a detailed study should be undertaken and flood elevations determined. This effort will involve a review of existing detailed data and probably seven to eignt river miles of new detailed study to connect this reach with upstream and downstream detailed study reaches. THE CITY OF PRIOR LAKE, SCOTT COUNTY. Due to high water level fluctuation problems, an artificial outlet for the lake was constructed. As a result, flood elevations will likely be reduced. A large number of home and property owners will benefit from a reduced flood elevation. Detailed information about the outlet structure is available from the Prior - Spring Lake Watershed District. This effort will involve developing a hydrologic/hydraulic model to reflect existing conditions. LOWER MISSISSIPPI RIVER RESTUDY PACKAGE. CQUNTIES---CITIES HOUSTON BROWNSVILLE LA CRESCENT WINONA WINONA MINNESOTA CITY WABASHA WABASHA LAKE CITY GOODHUE RED WING The Mississippi River presents problems for counties and cities when considering development proposals. No regulatory floodway has been designated to help them guide developments and the flood elevations developed for the FIS do not always match between the city and the county and the elevations developed by the U.S. Corps of Engineers. Also, the 100-year flood discharge has been revised to a lower volume. In that the State of Wisconsin is very restrictive with floodplain encroachments which cause stage increases, it is important that Minnesota have sufficient technical data available when evaluating floodplain development proposals to prevent conflicts and increased flood damage potential in both states. Coordination with the State of Wisconsin, and more research into the scope of this restudy is needed. CITY OF ROCHESTER, OLMSTEAD COUNTY. Upon completion of the flood control project and the SCS impoundment projects, new hydrology and hydraulics will be necessary to revise the FIS to reflect final conditions. In that the USCE has indicated that they will only provide the lOa-year analysis, the 10, 50, 500 and floodway runs will need to be generated by other parties before the FIS can be revised. It is our recommendation that this be completed through the restudy process. This will be the top priority for the fiscal year restudies in the year that it is completed in. We will coordinate this request further as completion of the project nears. CITY OF LUVERNE. Poplar Creek. Revise detailed study on about 1.7 miles of Poplar Creek. Two new bridges and two channel improvements have been constructed which have reduced flood profiles. CITY OF SPRING VALLEY. Spring Valley Creek. MnDOT will be replacing the Highway 16 bridge which will lower the 100 year profile 6 feet. DOT will provide HEC2 files. The City also would like to realign the floodway. CITY OF RUSHFORD. Rushford Creek. Delineate a floodway for a reach about one mile 10ng. Currently FIS is a limited detail study with profile. Some Corps information is available. LIMITED MAP MAINTENANCE REQUESTS HIGHEST PRIORITY GROUP COUNTY OF SHERBURNE. The county is in need of detailed flood elevations for the Mississippi River in order to adequately regulate increased development pressure. The recent restudy efforts for Wright and Stearns Counties has provided the data which can be applied to the Sherburne County side of the river, and should be available to you. AITKIN COUNTY. The existing FIS used old U.S. Army Corps of Engineers survey data in developing the HEC2 model. Immediately no~th of the City of Aitkin, County Road 1 had been elevated to above the flood level as far north as the VFW. The river bridge was also replaced prior to the FIS by several years but was apparently not field checked for accuracy by the study contractor. The road accesses, among other things, the VFW building which is at or above the lOO-year flood elevation. The study also indicates that this entire area is in the floodway, when in fact, the roadway is above the flood level and only allows flow to go under the bridge or north of the VFW. The FIS should be corrected to reflect actual conditions which existed before the study, and the floodway designation should be changed and reevaluated to determine if additional cross-section area and boundary adjustments are necessary to compensate for the area lost due to incorrect modelling. This effort wil1 involve remodelling the bridge and road conditions and elevations and manipulations to ~~e floodway model. CITY OF PAYNESVILLE, STEARNS COUNTY. The city has apparently been recommended for a FIS for a number of years, but has never received one. As a part of the stearns County restudy recently completed, additional cross-sections were taken by the u.s. Army Corps of Engineers on the North Fork of the Crow River through town to allow completion of an existing data study. It is our recommendation that an XDS be performed for Paynesville. The detailed information developed for the Stearns County should be available to you already. CITY OF RED WING, GOODHUE COUNTY. Watershed changes, the availability ef mere detailed information, and a new bridge have occurred on Hay Creek, and watershed modifications have occurred on Spring Creek which should result in 10wer flood elevations than predicted by the FIS. These areas are experiencing development pressure, and the City would like to see the study revised to be current with actual conditions. I would estimate the effort to involve restudy of three miles of existing detailed study plus a hydrology review. CITY OF PRESTON, FILLMORE COUNTY. The U.S. Highway 52 bridge downstream of the city, and a bridge in town have been replaced and may affect flood elevations. Additionally, the city would like to have the floodway reanalyzed, as there are numerous structures and property in the floodway. This effort should involve reanalysis of approximately two miles of existing detailed study plus modifications to the floodway. LIMITED MAP MAINTENANCE REQUESTS FUTURE PRIORITY GROUP CITY OF BROOKLYN PARK, HENNEPIN COUNTY. Numerous LOMRs have been issued with additional ones under consideration. A couple hydraulic changes have also taken place which have resulted in revised flood elevations. The FIS needs to be updated to reflect all changes. CITY OF BROOKLYN CENTER, HENNEPIN COUNTY. Conditions similar to Brooklyn Park have occurred and a LMMP should be considered. CITY OF CANNON FALLS, GOODHUE COUNTY. The City has annexed large parcels of land which are flood-prone and a new map which includes these areas is needed to properly regulate these lands. The Goodhue County FIS has detailed study information for a large part of the area, however part of the annexed area was designated as Zone C, which abutted detailed Zone A in the city. The City also received an appeal of the flood-plain mapping in the FIS associated with the Minnesota Malting Company. A technical error in the FIS was found, and this error has never been corrected. A detailed analysis was performed by E. A. Hickok & Associates, and is available. CITY OF NORTH BRANCH, CHISAGO COUNTY. This Department prepared a detailed flood study for the City. It is our request that this information be utilized to complete an existing data study for North Branch with a FBFWjFIRM map. This information will be forwarded to you, if you have not already received a copy. CITY OF MINNEOTA. South Branch of the Yellow Medicine River. CorpsjSCS 639 study area. No floodway has been delineated. There are emergency levees along a developed portion of town. CITY OF GHENT. Tributary to Three Mile Creek. CorpsjSCS 639 study area. No floodway has been delineated. Some non- conforming structures are located in the flood plain. CITY OF PORTER. No. Br. Yellow Medicine River. CorpsjSCS 639 study area. Regional flood results in split flow with shallow flooding through town. No floodway has been delineated. There is existing development in natural floodway. LAC QUI PARLE COUNTY. Current FIS is aproximate study only. CorpsjSCS 639 study provides much more data that should be included in FIS. YELLOW MEDICINE COUNTY. Current FIS is approximate study only. Corpsj SCS 639 study provides much more data that should be inclu?ed in the FIS. LYON COUNTY Curently has a Flood Hazard Boundary only. One unincorporated community contains about 40 homes in the flood plain. CorpslSCS 639 study contains additional data which could be used for an existing data study. BROWN COUNTY. Cottonwood River. Restudy will be necessary after construction of a large flood control reservoir. CITY OF HARRIS. Goose Creek, Fish Lake OIL. Provide detailed study for approximate study FIS. Watershed is about 50 sq mi. Affected reach is about 1 mile long. CITY OF PINE CITY. Flood plain areas have been annexed from the County. CITY OF CHAMPLIN. street na~e$ or. FIP~ a~e not correct. CITY OF EDINA. There are numerous errors on a recently issue FIRM. CITY OF ST. PETER. There have been several annexations, including flood plain. No other changes. Please contact Bil1 Huber of my staff at (612) 296-0522 to discuss the content of this letter, and to clarify additional information which must be supplied for any of the communities listed. Sincerely, /. HJ -:;;;r~ cc: Regional Hydrologists Joe Gibson Terry Birman HERITAGE 1891 COMMUNITY 1991 '19J:5(J../Y .2t(JI September 14, 1990 Mr. Eric Berman Natural Hazards Branch Federal Emergency Management Agency 175 West Jackson, 4th Floor Chicago, IL 60604 Dear Mr. Berman, This letter is an inquiry for the possibility of a restudy to revise Prior Lake's flood plain elevation. I understand that Prior Lake is part of the "highest priority group" tor a restudy submitted to you in a letter dated June 21, 1990, by Ogbazghi Sium of the Department of Natural Resources. I understand that funding for restudies and map maintenance is limited for Region 5 states. However, Prior Lake's situation is highly unusual and results in many homeowners having to carry needless insurance. The lake of Prior Lake did not have an outlet until 1983 which resulted in severe fluctuation in the lake level before that time. Since then, the outlet has greatly reduced the flood potential. However, several hundred homeowners are still required to pay flood insurance based on earlier hydrologic conditions. Would it be possible for you to advise me as to the procedure, required intormation, and time trame, so that I may provide timely assistance. P~eas~ consider this restudy for your fiscal year 1991. If I may be of further assistance or answer any questions, pI ease do not hesitate to call me at (612) 447-4230. .... R16rlJ1Y, apL Horst W. Gra~ Director of;~~nning City of Prior Lake HWG: rms 4629 Dakota 51. S.E., Prior lake, Minnesota 55372 I Ph. (612) 447.4230 I Fax (612) 4474245 Federal Emergency Management Agency Region V 175 West Jackson Blvd, 4th Floor Chicago, ll.,. 60604 September 18, 1990 1)1:::0 J't)> ~/V~ <' ,{, ,o"CI!), 0 <9~ ~ ~I:' ~ It~ Mr. Horst Graser Director of Planning Prior Lake City Hall P.O. Box 359 Prior Lake, Minnesota 55372 Dear Mr. Graser: You called September 10th and asked that we provide you with something written confirming that a standard Flood Insurance Policy will cover flood damages (or pay claims) caused by lake flooding. Apparently, you have been advised that flood insurance policies will not cover damage caused by lake flooding. Attached is a photocopy of the "Policy" section of the National Flood Insurance Program Flood Insurance Agent's Workbook. Included is an introduction and summary of coverages and other provisions of the Standard Flood Insurance Policy (SFIP) and a copy of the actual policy and have highlighted several sections. On the actual policy we have highlighted two sections: the definition of "flood", and the section on continuous lake flooding. I believe it should be clear that the coverage provided by the SFIP does not discriminate between lake and overbank flooding. Flood is defined as "a general and temporary condition of partial or complete inundation or normally d!y land areas from ....... any source." The only section of the policy dealing specifically with lake flooding is found in Article VIII Section S. This section discusses "Continuous Lake Flooding" and provides for the payment of claims on structures inundated by rising lake waters continuously for 90 days or more. The addition Article VIII Section S eliminated any possible ambiguity caused by the use of the term temporary in the definition of the word "flood" as it relates to continuous lake flooding. For your information, as of March 31, 1990, there were a total of 30 flood insurance policies written on structures located within the City of Prior Lake providing a total of $2,387,000 in flood insurance coverage. Should you have additional questions about flood insurance or the administration of your floodplain management regulations, please contact Terry Reuss-Birman at (312) 408-5538. Sincerely, ~!:;t#1~~ Chief Natural Hazards Branch Natural & Technological Hazards Division SCOPE OF ELEVATED BUILDING ENCLOSURE COVERAGE ELEMENTS COVERED: · FOUNDATION ELEMENTS · REQUIRED UTILITY CONNECTIONS · SUMP PUMPS · WELL WATER TANKS AND PUMPS · OIL TANKS, INCLUDING THE OIL IN THEM · CISTERNS, INCLUDING THE WATER IN THEM · NATURAL GAS TANKS · PUMPS AND/OR TANKS USED IN SOLAR ENERGY SYSTEMS · FURNACES · HOT WATER HEATERS · CLOTHES WASHERS AND DRYERS · FOOD FREEZERS AND THE FOOD IN THEM · AIR CONDITIONERS · HEAT PUMPS · ELECTRICAL JUNCfION AND CIRCUIT BREAKER BOXES · CLEAN-UP · ELEVATORS AND RELEVANT EQUIPMENT ELEMENTS Nor COVERED: · CONTENTS · IMPROVEMENTS SUCH AS FINISHED WALLS, FLOORS, AND CEILINGS · BUILDING EQUIPMENT AND FIXTURES Nor SPECIFICALLY COVERED . . +(with contents coverage) ( "J . .. 1. ( 2. 3. 4. 5. 6. 7. 8. 9. L POLICY ~ This section is intended as an introduction to and summary of coverages and other provisions of the Standard Rood Insurance Policy (SFIP). It is not comprehensive and is not a substitute for the actual forms, with which the producer should become familiar and to which the producer should refer if there are any questions. TABLE OF CONTENTS PAGE What Policy Form is Used for What Property? .............................. POL 2 What Does the Policy Insure Against? ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . POL 3 What Losses Will the Policy Cover? ...................................... POL 3 What Losses Are Not Covered by the Policy? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . POL 4 What Property Does the Policy Cover? .................................... POL 5 What Property Does the Policy Not Cover? ................................ POL 7 What Are Some of the Policy Provisions That Affect Claim Payments? ........... POL 9 The Dwelling Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . .. POL 13 The General Property Form. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. POL 21 October 1987 POLl 1. WHAT POLlCY FORM IS USED FOR WHAT PROPERTY? . There are two forms of the Standard Flood Insurance Policy, Dwelling and General Property. The [ftvelling Form is used to insure the following: · Single-family dwellings, including detached houses, townhouses/rowhouses, manufactured (mobile) homes and doublewide manufactured (mobile) homes, and/or their household con- tents; · 2-4 family residential buildings (including condominiums) and/or their household contents; · Residential condominium units and/or their household contents · 1-4 family buildings under construction; and · Condominium Unit Owners' Policy. The General Property Form is used to insure the following: · Residential buildings (including condominiums) of more than four units and/or their con- tents; · Non-residential condominium buildings (only building coverage available); . Non-residential condominium units (only contents coverage available); · Non-residential buildings, including non-residential manufactured (mobile) homes and doublewide manufactured (mobile) homes, and/or their non-household contents; · Appurtenant private structures, if separately insured, and/or their contents; · Buildings under construction other than 1-4 family buildings; · Non-household contents in a residential building · Household contents in a non-residential building; and · Condominium Master Policy. NOTE: The same policy will not cover both household personal and non-household (commer- cial) contents. POL 2 January 1989 ( ," oj I ( I e (\ I- ( c 2. WHAT DOES THE POLICY INSURE AGAINST? The policy only insures against the peril of flood, defined as a general and temporary condition of partial or complete inundation of normally dry land areas from: " a. the overflow of inland or tidal waters, b. the unusual and rapid accumulation or runoff of surface waters from any source, or c. mudslides (i.e., mudflows) which are proximately caused by flood, as defined above. The term "mudslide" is specifically defined in the policy contract and in the Federal Regula- tions. The definition may differ from the common understanding of the term. Please refer to the policy contract itself for details. It is particularly important to distinguish mudslide as defin- ed which is covered from landslide, which is not covered. The collapse or subsidence of land along the shore of a lake or other body of water is a peril insured against to the extent that it is the result of erosion or undermining caused by waves or currents of water exceeding their cyclical level which result in flooding as defined above. · EROSION COVERAGE: The policy also insures against the demolition or relocation of insured buildings which are subject to imminent danger of collapse or subsidence as a result of erosion or undermining caused by a body of water which exceeds its anticipated cyclical levels. Benefits provided will cease on September 30, 1989, and coverage must have been in effect prior to June I, 1988, or for two years or for the entire term of ownership, to be eligible for this erosion coverage. NaTE: The language in the Dwelling and General Property policies has not yet been modified to reflect this change but the coverage will be provided if a loss is filed under the applicable conditions. 3. WHAT LOSSES WILL THE POLICY COVER? The policy covers losses to insured property which are physical losses, meaning actual destruc- tion of or damage to property evidenced by physical changes; · Directly the result of contact with flood water; or · Directly the result of sewer back-up. seepage, or hydrostatic pressure, when these condi- tions are proximately caused by surface flooding which, at the same time. damages insured property; or · Directly the result of freezing of flood waters which directly damages insured property. The policy also covers, up to the amount of the minimum building or contents deductibles, certain reasonable expenses incurred to protect insured property from flood damage including: · Labor of the named insured and members of the household (under the Dwelling Form only) I and other reasonable expenses involved in the removal of the insured contents to a safe place away from the danger of imminent flood and the return of the moved contents to the insured premises. October 1988 POL 3 · Removal of a manufactured (mobile) home to a safe place away from the danger of an imminent flood and for the return and reinstallation, including the cost of required utility connections; (\ .. · Storage expenses incurred after removing contents or a manufactured home from the danger of an imminent flood for up to forty-five (45) days; · Expenses, other than labor, for sandbags, temporary levees, pumps, and wood (under building coverage only), and · The named insured's own labor and the labor of members of the household in connection I with sandbagging and temporary leveeing, at the federal minimum wage rate (under the Dwelling Form only); · Cleanup of the building, contents, and debris removal (including the named insured's own I labor and the labor of members of the household under the Dwelling Form only) after a flood to facilitate returning the building to a safe and sanitary condition; and · Expenses to remove damaged portions of the insured building from the property location following a flood (under the Dwelling Form only). 4. WHAT LOSSES ARE Nar COVERED BY THE POLICY? The policy does not cover losses caused by other perils such as, but not limited to: · Earth movement, rain, snow, sleet, hail, or water spray; ( · Sewer back-up, high water table, seepage, hydrostatic pressure, freezing or ice, unless the property has been, at the same time, damaged by a flood as defined; and · Conditions substantially confined to the insured building or within the insured's control. The policy also does not cover the following losses: · Loss to enclosures, contents, machinery, building components, equipment, and fixtures I located at an elevation lower than the lowest elevated floor of a Post-FIRM (as well as Pre-FIRM until October 1. 1988) elevated building, except that required utility connections, footings, foundation, posts, pilings, piers, or other foundation walls, and anchorage system necessary for the support of the elevated building are covered. See other exceptions below under question 5, "What Property Does the Policy Cover?" e POL 4 October 1988 c .' ( l' · Loss of access, loss of use, loss of profits, or loss resulting from interruption of business, profession, or manufacture; .. · Additional living expenses; · Increased cost of repair or reconstruction resulting from any ordinance regulating reconstruc- tion or repair; · Other economic loss; · A loss in progress at 12:01 a.m. on the first day of policy term. A loss is considered to be in progress when an insured building or insured contents first sustain damage by flood. This is when surface flood waters first make contact with the insured building or contents, not when flood waters first enter the described premises. Damage to, or inundation of, the insured's land does not itself create a loss in progress condition; · Damage intentionally caused by the insured or resulting from a modification to the property or premises which materially increases the risk of flooding; and · Loss from a flood which is confined to the insured premises, unless the flood covers two acres or more of the premises. 5. WHAT PROPERTY DOES THE POLICY COVER? The policy covers eligible buildings and their contents, and buildings in the course of construc- tion, subject to certain restrictions. Building coverage extends to additions and extensions attached to the building; and to fixtures, machinery, and equipment forming a part of and servicing the building, while enclosed within the insured building. In addition, the Dwelling Form covers these items within any fully enclosed building on the premises. Building coverage extends also to materials and supplies intended for use in the construction, alteration, or repair of the insured building when these materials and supplies are within a fully enclosed building on the insured or adjacent premises. With respect to buildings with basements, the policy covers only foundation elements, required utility connections, unfinished structural elements (including unfinished sheetrock and fiberglass insulation), sump pumps, well water tanks and pumps, oil tanks and the oil in them, cisterns and the water in them, natural gas tanks and the gas in them. Also, the policy covers pumps and/or tanks used in conjunction with solar energy systems, furnaces, water heaters, clothes washers and dryers, food freezers and the food in them, air conditioners, heat pumps, electrical junction and circuit breaker boxes, stairways, elevators and related equipment (unless insta]]ed below the Base Flood Elevation on or after October 1, 1987), and cleanup. October 1987 POLS .. With respect to the area beneath the lowest elevated floor of a Post-FIRM elevated building, I the policy covers only the structural elements (i.e., required utility connections, and the foun- dation and anchorage system required for the support of the elevated building), sump pumps, well water tanks and pumps, oil tanks and the oil in them, cisterns and the water in them, natural gas tanks and the gas in them, pumps and/or tanks used in conjunction with solar energy systems, furnaces, water heaters, clothes washers and dryers, food freezers and the food in them, air conditioners, heat pumps, electrical junction and circuit breaker boxes, and stairways attached to the building and not separated by elevated walkways, elevators and related equip- ment (unless installed on or after October 1, 1987, below the Base Flood Elevation), and cleanup. ( The policy also provides coverage as follows: . Buildings over water constructed prior to October 1, 1982, and not substantially improved since that date must be submitted for an underwriting decision and rating. Rates for these buildings may be very high, as the rates will be commensurate with the risk. No coverage is in effect until the NFIP approves the insurance application and the premium is received. . The Dwelling Form (but not the General Property Form) has an extension of coverage ap- plicable to appunenant private structures only (garages and carports). The extension may be up to 10 percent of the amount of building coverage purchased and is not an additional amount of insurance. This extension applies only to garages and carports which are used only for garaging a vehicle and storage. An appurtenant private structure is not covered by this extension if it is used, even partially, for dwelling, farming, personal or commercial manufacturing purposes, or as a boathouse. ( . When the SFIP insures household contents. the policy covers as contents personal property of the insured and the insured's family living in the insured dwelling. The policy also covers property of guests, servants, and others for whose property the insured is responsible under the Dwelling Form and under the General Property Form. NOTE: Coverage for household contents is limited to $250 in the aggregate for such items as jewelry, works of art, precious metals, furs, etc. The functional value of antique I items will be covered, but not the antique value itself. . The policy covers stock, merchandise, supplies, and equipment of every description, except as otherwise specifically excluded, when the General Propert)' Form is used to insure non- household contents. . NOTE: The FlA has ruled that the policy will cover parts and equipment as open stock when such are not part of specific vehicles or motorized equipment excluded from coverage. . Improvements, alterations, and additions are covered under the contents coverage. A tenant may apply up to 10 percent of the coverage on household contents (Dwelling and General Property Forms) to any improvements and betterments (I&B). Under the General Property e. POL 6 October 1988 ( ( l Form, coverage for non-household contents may be applied to the I&B up to the amount of insurance purchased. Coverage for I&B is not an additional amount of insurance. '. · A condominium unit owner may apply up to 10% of the contents coverage to loss to interior walls, floors and ceilings not paid for under the building coverage of an individual unit policy or the association policy. This coverage is not an additional amount of insurance. 6. WHAT PROPERTY DOES THE POLICY NOT COVER? The policy does not cover buildings which may be described as follows: · Underground buildings including their machinery and equipment which are part of a build- ing, where more than 49 percent of the actual cash value of a building is below ground- Unless the lowest level of a building is at or above the Base Flood Elevation (in the Regular Program), or the adjacent ground level (in the Emergency Program), by reason of earth having been used as an insulation material in conjunction with energy-efficient building techniques. · Buildings enJirely in, on, or over waler, or entirely seaward of mean high tide, which were constructed or substantially improved on or after October 1, 1982. The date of issue of the building permit will govern the application of this exclusion. · Buses, recreational vehicles, or travel trailers, even if they are anchored to a foundation with their wheels removed. (This does not apply to a travel trailer which has been modified so as to qualify as a permanently constructed building in accordance with the community's building permit requirements and other floodplain management ordinances relating to the construction of buildings.) · Units that are primarily containers, such as gas and liquid tanks, chemical or reactor container tanks or enclosures, brick kilns. and similar units. (NOTE: The only exception to this is that silos and grain storage buildings including their contents are insurable.) · Open buildings located on or o\'er water. That portion of a building which is over water and into which a boat is floated (although the non-boathouse portion of the building is eligible for coverage if it satisfies all the other requirements for eligibility under the NFIP). · Buildings located on designated unde\'eloped coastal barriers and which were constructed or substantially improved on or after October I, 1983. The date of issue of the building permit and the specific location of the building will govern the application of this exclusion. October 1987 POL 7 · Manufactured (Mobile) Homes in Special Flood Hazard Areas which are not anchored as ( required and which have not been continuously insured at the same site since September 30, 1982. . With respect to eligible buildings which have basements, the policy does not cover improvements which finish a basement, nor machinery, fixtures or equipment contained in a basement except as specifically noted above under question 5 as being covered. The policy does not cover items which are not a part of the building including (but not limited to) retaining walls, seawalls, bulkheads, and rip-rap. The policy does not cover underground equipment including (but not limited to) wells, septic tanks and septic systems. The policy does not cover items which may be described as follows: · Contents contained within any building which is not eligible for coverage; · Contents in the open; · Contents within a building not fully enclosed unless they are secured against flotation; ( · Property of others for which the insured is acting as bailee; · Valuable papers, money, bullion. stamps, etc.; · Animals. birds, or fish; · Aircraft, watercraft, trailers and recreational vehicles including their furnishings or equip- ment; · Automobiles, motorcycles, and motorized equipment (except unlicensed equipment which services the premises), assembled or not, including dealer's open stock. · Contents located in a basement or in 3n enclosure below the first elevated floor (except as noted above in question 5 "What Property Does the Policy Cover?" on page POL 5). The Dlvelling Form does not cover business property of any kind. Furniture and other household contents furnished to a lessee of a residential building are not considered to be business property. When the General Property Form is used to insure household property, it also does not cover business property of any kind. e POLS October 1987 ( '" . ( l 7. WHAT ARE SOME OF THE POLICY PROVISIONS THAT AFFECT CLAlM PAYMENTS? .. Actual Cash Value-The SFIP is an actual cash value policy. Actual cash value is defined in the policy as replacement cost less physical depreciation. Replacement Cost Coverage-Only the Dwelling Form contains replacement cost provisions. Replacement cost coverage applies only to a single-family dwelling or rowhouse-type condomin- ium unit which is the insured's principal residence. To qualify the dwelling as a principal residence, the insured or the insured's spouse must have lived at that dwelling more than 80% of the year preceding the loss, or more than 80% of the period of ownership if less than a year. Replacement cost coverage does not apply to condominium units in a vertical building having one or more condominium units not contiguous to the ground (those that are not of a row house type). Replacement cost coverage does not apply to manufactured homes less than 16 feet wide and with less than 600 square feet of area within the perimeter walls. To receive the benefit of replacement cost coverage, the insured must carry either the maximum amount of insurance available to him under the program or 80% of the replacement cost of the dwelling at the time of loss. Replacement cost coverage is available under the Preferred Risk Policy as long as all replacement cost provisions are met. I Deductibles- The standard policy deductible, which applies separately to a building loss and to a contents loss, is $500.00. Optional deductibles may be selected in multiples of $1,000 up to $5,000. (See table, page RATE 6.) Optional deductibles selected for building coverage and contents coverage need not be the same. Sandbags. 7emporary Levees, Pwnps. etc.-Reasonable expenses incurred for these is available up to a maximum of the minimum building deductible to save the building from imminent danger of a flood loss. For reimbursement of these expenses, the following conditions must be met: a. The insured property must be in imminent danger of sustaining flood damage; and b. The threat of flood damage must be of such imminence as to lead a person of common sense to anticipate flood damage; and c. A general and temporary condition of flooding in the area must occur, even if the flooding does not reach the insured property, or a legally authorized official must issue an evacuation order or other civil order for the community in which the insured property is located calling for measures to preserve life and property from the peril of flood. Removal Expenses-Reasonable expenses incurred for the removal away from the premises of an insured building or insured contents to protect them from an inuninent flood, and the expenses to return them to the premises, including the cost of reinstallation and required utility connections, are covered up to the amount of the minimum building or contents deductible. The policy deductible does not apply to these expenses. January 1989 POL 9 Special Limitation-Under coverage for household contents the policy will not pay more than ( $250 in the aggregate for all loss to items such as: jewelry, works of art, precious metals, and furs. The functional value of antique items will be covered, but not the antique value itself. . Other Insurance-As long as the insured carries the maximum insurance available under the \program phase in which the community is panicipating, the SFIP will be primary to any other flood insurance carried. If less than the maximum available cov age is carried, the SFIP will ori\y pay that proportion of any loss which the amount of the SF. coverage bears to the smaller of (a) the total amount of flood coverage carried, or (b) th maximum coverage available to the insured under the program. Purchasing a policy to c er a large deductible in any other policy exposes the insured to the risk of potentially lar e retained losses in the event a loss occurs. For example, assume a commercial risk in th Regular Program. Building coverage available under the NFIP is $200,000. , . . The insured su~'tains a $15,000 building loss. T application of the Other Insurance clause is illustrated by the'se three different coverage ituations: \ , , A. NFIP policy \, $ 15,000 500 Deductible DIC* policy ''{100,000 .I 5,000 Deductible NFIP pays \5,000 >f (15.000) = $1,956.52 115;\1 (less deductible) Ole pays $ ~~ B. NFlP policy $ 15,~ \$ 500 Deductible DIC policy $300,000 $15.000 Deductible NFIP pays 15.000 x ) = $1,125.00 200,000 (less deductible) I $ 0 DIC pays/I C. NFIP policy $200,000 $ 500 De ctible DIC p icy $200.000 $15,000 Dedu 'ble $ 0 200.000 x (15.000) = $15, 200,000 (less ded ( NOTE: In th instance. if the loss had exceeded $/5.000. the DIe policy still would have po/a nothing until the loss exc eded $200.000. · 0" ference In Coverage (OIC) POL 10 e '\ October 1988 Special Limitation-Under coverage for household contents the policy will not pay more than I $250 in the aggregate for all loss to items such as: jewelry, works of an, precious metals, and (\ furs. The functional value of antique items will be covered, but not the antique value itself. .. Other Insurance-As long as the insured carries the maximum insurance available under the program phase in which the community is participating, the SFIP will be primary to any other flood insurance carried. If less than the maximum available coverage is carried, the SFIP will only pay that proponion of any loss which the amount of the SFIP coverage bears to the smaller of (a) the total amount of flood coverage carried, or (b) the maximum coverage available to the insured under the program. Purchasing a policy to cover a large deductible in any other policy exposes the insured to the risk of potentially large retained losses in the event a loss occurs. For example, assume a commercial risk in the Regular Program. Building coverage available under the NFIP is $200,000. The insured sustains a $15,000 building loss. The application of the Other Insurance clause is illustrated by these three different coverage situations: A. NFIP policy DIC* policy NFIP pays DIC pays B. NFIP policy DIC policy NFIP pays DIC pays C. NFIP policy DIC policy NFIP pays DIC pays $ 15,000 $ 500 Deductible $100,000 $15,000 Deductible 15,000 x (15,000) = $1,956.52 115,000 (less deductible) $ 0 ( $ 15,000 $ 500 Deductible $300,000 $15,000 Deductible 15,000 x (15,000) = $1,125.00 200,000 (less deductible) $ 0 $200,000 $ 500 Deductible $200,000 $15,000 Deductible 200,000 x (15,000) = $15,000 200,000 (less deductible) $ 0 NOTE: In this instance. if the loss had exceeded $15.000. the DIe po/icy still would ha\'e paid nothing until the loss exceeded $200.000. · Difference In Coverage (DIC) POL 10 e October 1988 (J ( L' .. Voidance- The policy will be deemed void from its inception: (1) if it is discovered that the property is not eligible for coverage; (2) if there has been any false swearing, or fraudulent or willful concealment, or misrepresentation of any material fact in connection with the application or renewal; (3) or if the premium submined is less than $50.00. In the case of the community in which the insured property is located has been suspended from participation, the voidance occurs at the end of the last day of the policy year (applicable to 3-year policies only). Reduction by Reformation-Due to insufficient premium: · If the insufficient premium, or other rating error, is discovered prior to a loss, coverage will be provided only up to the limit of the premium submined. A notice of additional premium due is sent to the producer or other payor, who then may remit additional premium to bring coverage up to the desired limits. If additional premium is not received, coverage continues at the lower amounts for the rest of the policy term. · If the insufficient premium or rating error is discovered following a loss, coverage is provided as described above, unless willful misrepresentation can be demonstrated. If addi- tional premium is received within thirty (30) days of an underpayment notice, the policy will be reformed from its inception date. If no additional premium is received, coverage con- tinues at the lower amounts. Mortgagee- The policy will recognize the interest of any mortgagee, trustee or loss payee of whom the NFlP has actual notice prior to the payment of loss. Should the insured fail to file a Proof of Loss, the mortgagee will have sixty (60) days from notice of such failure within which to file a Proof of Loss for its interest in the loss. Should the policy lapse or be cancelled. coverage will continue for thirty (30) days from notice of such lapse or cancellation for the benefit of the mortgagee. Loss Payable-Payment of any loss under this policy will not reduce the amount of insurance applicable to a subsequent covered loss during the policy term. The loss is payable within sixty (60) days of receipt of a proof of loss or within 90 days of receipt of a signed and certified adjuster's report. Rights of the Insured-The insured has a right to appraisal as well as to suit, as detailed in the policy provisions. Rights to the Insurer-the NFIP has a right to subrogation as well as to repair, rebuild or replace damaged property with other of like kind and quality. The NFlP also has a right to appraisal. October 1987 POL 11 .. POL 12 October 1987 ( ( ~ ( .' ( \.-.- FEDERAL EMERGENCY MANAGEMENT AGENCY FEDERAL INSURANCE ADMINISTRATION STANDARD FLOOD INSURANCE POLICY [Issued Pursuant to the National Flood Insurance Act of 1968, or Any Acts Amendatory Thereof] DWELLING FORM-INSURING AGREEMENT Agreement of Insurance Between the Federal Emergency Managemenl Agency (FEMA). as Insurer. (herelOafter known as "we'" "our." and "Us ") and 'he Insured (herelOafter Imown 3lj "you" and "your"). Based upon your havmg paid Ihe correct amount of premium. our rehance on Ihe aCl'uracy of the informal Ion and slalemcnts you have furnIShed 10 Ihe ap- phcallon for thIS poliCY about the propeny to be insured and subject 10 all the lenns of this policy, the National F100d Insurance Act of 1968. ..s amend- ed (42 U.S.c. 4001 et seq.. hereinafter called the ACI). and regulallons i"ued hy us (Title 44 Code of Federal Regulations). we insure you and ~our legal represenlallves agamsl all "Dlrecl PhYSical Lo" by or from Flood." as defmed m AnlCle II ofth" Agreement. to the msured propeny, to Ihe e\lent of the actual cash value. nollncludlng any anllque value, of Ihe propeny allhe lime of loss. bulllOl exceed 109 Ihe amounl which II would CosIIO repair or replace the propeny wllh matenal of like kmd and quallly wllhm a reasonable tlmc after the Im-s. No", Iherefore. in consideration of the foregomg and Ihe mutual prom. lse, exchanged herelO, we and you agree. funher. as follows: ARTICLE I-PERSO;'llS Il'iSURED We insure only: A. Thc named Insured and legal representalives; B. Any mongagee and loss payee named in the application and declara- tion page m the order of precedence and to the C\tent of Ihelr mleres' bUI for no more. in Ihe aggregate. Ihan lhe mterest of the named msured. ARTICLE II-DEFI:\ITlONS ,. AClual Cash Value" means Ihe replacernenl cOst of an msured Ilem of propeny at the IlIne of loss, less the value of phYSical depreclatulO " to Ihe lIem damaged. "Applicallon" means lhe slatemcnt made and signed by you or your agent. and glvmg mformatlon on the basIS of",hlch \lie determme Ihe an'cptah,Ii. Iy of the ",I.:, the policy to be issued and the correct premium pav ment, which must accompany the application for the pohcy 10 be ISsued The ap- phcatlon IS a pan of IhlS flood msurance polICY. "Base llood" means the flood ha\lng a one percent chance of hemg equalled or e\Ceeded 10 any gIVen year. "Ba...:ment" means any area of the buildmg having lis floor suhgrade (below ground level) on all Sides. " Bulldmg" means a '" ailed and roofed structure. other Ihan a gas or hq- uid slorage lanl.:. thaI IS principally above ground and afli .ed 10 a perma- nent SIte, mcludmg a manufactured (i.e.. mobile) home on a permanent fnundatlon. subject to Anlcle V(H I. and a ...alled and roofed hulldlng 10 Ihe course of constructIOn, alteration or repair. ThIS policy does not COVer more than one building. unless application tocover more than one buildmg is made on a form or 10 a format approved for that pUrp<1se h\ the AdmmlStrator. "Cancellation" means that endmg of the i""urance coverage p"" Ided by Ihls pohcy pTlor 10 the e\plralion dale. "Coaslal High Hazard Area" means an area SubJeCI III h'gh \eh:lI\ waters. mcludmg hurricane waVe \lIash and IsunamlS. "DeclarallOns Page" IS a compuler generated summary nf mformallt'n furnIShed hy you in the application for insurance. The declaratulOs page " a pan of this flood msurance pohcy. .. Dlrel'! PhvSlcal Loss Bv or From Flood" means an\' 10" m the naturc of aclual IllSS' of or phYSlc;1 damage. ev.,der....ed by ph~ s.cal l.han~es. to th~ insured propeny (building or cOnlents [personal propen~ J) "h,ch " direclly and pro\lmalely caused by a "flood" (as defined In th.s A~rce- men!). while Ihe insured propeny is localed: I. at the propeny addrcss sh"" n on the application for this insurance. which is a pan of thIS Agreemcnt; and 2. for fony-five days. at another place above ground level. or outSide of the sJlCciall100d hazard area. to which any ofthe insured propeny shall necessarily be removed by you in order 10 prOlect and prese.....~ II from flood or from the imminent danger of flood (provided. personal propen~ '0 removed mUst be placed in a fully enclosed building or olherwl>C: reaSl'nably October 1988 protecled from the elemenls to be Insured agaInst loss). in ",h,ch case the reasonable e\penscs Incurred by you. mcludlng the value of your own labor and the labor of members of your household at prevailing Federal minimum wage rales in moving any of your Insured propeny temporarily away from Ihe peril of flood and storlOg thIS propeny allhe lemporary local Ion (not c\Ceedlng 45 daysl shall be reimbursed to you for buildings In an amount up to the amount of Ihe minimum bUilding deducllble and for contents In an amount up 10 Ihe amount of the minimum contents deductible. ThIS policy's deductIble amounts. as proVIded (or al Anlde VI. shall nOI be ap- plied to thIS reimbursement. hut shall be applied 10 any other benelits under thIS policy's coverage. The lenn "Direct Ph)\lcal Loss By or From Flood" shall not Include compensal.on for loss of access. loss of use. loss of pro- fits. or loss resulllng from Inlerrupllon of huvlne", pro(esslon or manufac- lure. or reimbursement (or your addlllonalllVmg e.penses. Incurred b~ reason of your haVing to live In rented quanerv "hlle lhe Insured building "being repaired or replal'cd, or allowance for an~ Increased cosl of repair or reconstruction as a resull of any ordinance regulalmg reconstruCllon or repair. or other economic loss. "Dwelllng" means a building deSigned for use as a r~ldence for no more Ihan four families .. E'pense Constant'" The e\pense conslant IS a flat charge per policy term. paid by the Insured to defray Ihe Federal Government's pollcywrlllng and olher expenses. .. bplrallon Date" means the ending of lhe Insurance coverage provided b~ thIS policy on the e\pirallOn date sho",n on the declaration page. "Flood": Wherever in this polacy the term "flood" 0ttII~. it shall be held to mean: A. A general and temporary condition of panlal or complete inundation of normally dry WId areas from: I. The overflow of inland or tidal wate~. 2. The unusual and rapid lK'cumulation or runoff of surface "'ale~ from anv liOUrte. 3. Mudslides (i.e.. mudno\....) ....hieh arc pro\lmiltely caused by noodin~ as delined in subparagraph A.:! above and are al.;m to a river of liquid and 110wlng mud on the surfaces of normally dry land areas. including your prem'~. as when eanh is carried by a current of waler and deposiled along the path of the l'Urrent. B The collapse or subSidence of land along the shore oj a lal.:e or olher hods of water as a resull of erosion or undermlnln~ caused b\ "aves or l'urients of \lIater e\ce~ding the .:yclicallevels ""hlCh resuh In flooding as defined m A.I above. "\Ianufaclured home" means a building transponable In one or more sectIOns. '" hich IS buill on a permanc:nl chas\ls and designed to be used "Ilh or without a permanent foundalion ",hen connecled to the required utllil,es. The term "manufal'tured home" does IlOl include park trailers. Ira\eltrallers. and OIher Similar vehicleS. To be eligible forco\erage under thIS policy. a manufactured home mUsl be on a pennanent foundation and POL 13 if located In ~ FEMA de~lg~ted Special Flood Haurd Area. mu~t _et the requlrement~ of paragraph H of Anlcle V. "Mobile home" mean~ ~ manufactured home. "PollC) " mean~ the enure wnnen contr~ct between you and us: it ,"_ c1udes th" pnnted form. the application. and declaration~ page. any en- dorsements which may be Issued ~nd any renewal cenilicates IndlCallng that coverage ha~ been '"~tuuted for a new policy and policy term. Only one building. ~peclfically descnbed by you," the application. may be ,"_ sured under thiS policy. unles~ application to cover more than one build,"g IS made on a form or in a format approved for that purpo..e by the Admimstrator. "Post-FIRM bUilding" mean~ a building for which the stan of con~truc- tion or sub~Untlallmprovement occurred after December 31. 1974. or on or after the effective date of the inuial Flood Insurance Rate Map (FIRM) for the communuy '" which the building is located. whichever is later. "Probation Addllional Premium" means a nat charge per policy lerm paid by the Insured on all new and renewal policies issued covering prop- eny '" a community that ha~ been placed on probation under the proviSions of 44 CFR 59.:'4 on or ~fter October I. 1986. "Walled and Roofed" means the building has in place two or more ex. terior. ngid walls and Ihe roof is fully secured so thaI the building will re"st notation. collapse and lateral movement. ARTICLE III-LOSSES NOT COVERED We only provide coverage for direct physical loss by or from nood ",hlCh means we do not cover: A. Losses from other casualties. including: I Lo" caused by theft. loss of profits. lire. windstorm. wind. explo- sion. eanhquake. land sinkage. land subsidence. landslide. destabilization or movement of land result,"g from the accumulation of water in subsur- face land areas. gradual erosIon. or any other eanh movement except such mudslides (i.e.. mudnows) or erosion as is covered underthe peril ofnood. 2. Loss caused (i) by ra,". snow. sleet. hail or water spray: or (Ii) by freeZing. thawIng. the pres~ure or weight of ice or waler. sewer backup or seepage of .....aler unless your insured propeny has been. at the \a_tl_. damaged by a nood 3. Water. moisture or mud~lide (i.e.. mud now) damage resulting pnlTliln- ly from an) condUlon substanllallv confined to lhe insured bulldinc or from any Condlllon which IS with," y~ur control (including but not I;mued 10 deSIgn. structural or mechanical defects. faIlures. stoppages or breakages of water or sewer lines. dra,"s. pumps. fixtures or equipment). B. Losses of Ihe follow,"& nalure: I. A loss which IS already," progress as of 12:01 A.M. of the first day of the polICY term. or. as to any increase in the limits of coverage ....h,ch is re4uesled by you. a loss which IS already in progress when you request the additional coverage 2. A loss from a nood ....hich is conlined to the premises on which your insured propeny is located unless the nood is displaced over two acres of the premises. 3. A loss caused by your modilicalion to the insured propeny or Ihe descnbed premises on ....h..h the insured propeny is located. which m:uenal- Iy increases Ihe risk of nood,"g. 4. Loss caused ,"tentionally by you or any member of your household. S. Loss caused by or result,"g from po.....er. heating or cooling failure. unless such failure results from physical damage to power. heating or coohng e4ulpmcnt sUuated on premises where the insured propeny is located. caused by the penl insured a2ainst. 6 Loss to any building or contents located on propeny leased from the Federal Governmem. artSlng from or incident 10 the nooding of the prop- eny by the Federal Government. where the lease expressly holds lhe Federal Governmcnt harmless. under nood ansurance ISSUed under an)' Federal Gov'ernment program. from loss arising from or incident to the tlood,"g of the propcny by the Federal Government. ARTICLE I\'-PROPERTY COVERED (Subject to "Property Sot Covered" Provisions) We will pay for physical damage caused by nood 10 the build,"g althe prnpcny addrcss you have furnished. as well as the contents of the building. if you havc purchased contents coverage. and provided you have paid the corrcel premium for the insurance. as follows; A. We .-over your dwelling. which includes: POL 14 I A resldenllal building. deSigned for prln':lpal use as a d....elling place for no more than four f~milles: or we cover)' "ur d.....elllng unn In a con- dom,"lum build,"g. along with your ,"surabk lenant '" common Interest in that bullding's common e1emenls and the common elemenls of any other build,"g of your condominium associallon covered b\ ansurance that IS: (i) in the name of your condominium aSSOClallon. III) 'provlded under the Act. and (iii) in ~n anlOl.Jnl al least equal to Ihe actual cash value of the bulldlng's common elements at the beg,"nlng of Ihe current policy term or the 11la\lmUm buildang coverage limn available under the Act. whichever is less. prOVided thai the insurance under thIS policy shall be excess over any Insurance '" the name of your condom,"lum aSSOCIation covering the same propeny covered by this policy: provided. your condom,"lum dwelling Unit is a reSidence deSIgned for prinCipal use as a d....elllng place for no more than one family and it is so described '" Ihe Appllcallon: provided that. should the amount of insurance collectible under thiS policy for a loss. when combined with any recovery available to you as a lenant '" common under any condominium association nood insurance coverage provided under the Act for the same loss. e~ceed the statutonl)' permiSSible IImlls of building coverage available for the inSUring of single-famIly dwellings under the Act. then the limits of building coverage under thIS policy shall be reduced an regard to thaI loss by the amount of such e~cess; 2. Additions and e~tensions attached to and In contact .....ith the dwelling; 3 Build'"g equipment. li~tures and outdoor equlpmenl used .n connec- tion ",ith the dwelling while stored '"Side the d.... ell '"g or another fully en- closed building at the propeny address; 4. Materials and supplies to be used," constructing. altering or repair- ing the dwelling or another building insured by us at the propeny address while stored inside a full) enclosed bulld,"g (I) at the propeny address or (ii) on an adjacent propeny at the time of loss. or (III) '" case of another build,"g at the propen) address which docs nOI hav'e .....alls on all sides. while stored and secured to prevent notal Ion out of the bUlld'"g during nooding (the nOlallon out of the bUilding shall be deemed by you and us to establish the conclUSive presumption that the matenals and supplies were not reasonably secured to prevent notatlun. '" which case no coverage is prov'ided for such matenals and supplies under thIS policy) S. As appunenant structures. detached gara~es and carpons located al the deSCribed premISes. at your option at Ihe time of loss. in an amount up to 10% ofthe amount of Insurance )'ou have purchased to Cl1\enhe dwell- ing. includ,"g additions to the dwell,"g: to the C\lent )'ou e\erclse thiS op- \Ion. you reduce the anlOl.Jnl of ansuran.:e a\allat-Ie to co\'er I~s rel_ng to A( I )(:')(3) and (4). above. to the d"'e1hng and thl> "pilon may not be chosen so as to e\tcnd coverage to bUlld'"gs: I" ll':CUp,ed. rented or leased in whole or," pan for dwelling purposes (or held hlr such usel. or IIi) used in whole or '" pan for per~nal or commerCial manufacturing or farming purposes (or held for such uses). or (lilt wh,,'h are boalhouses. 6. A building an the course of constru.:tlon b.:lllre II ".....alkd and roofed subject to the follo""lng conditions: (,) the amount of the deductible for each loss occurrence before the bUlldang IS ....allcd and roofed IS t....o limes the deductible whICh IS selected to apply after the bUilding" ....alled and roof- ed: (il) coverage IS provided before the bulld,"g IS .....alled and roofed only while construction is an prol!ress. or If construction IS hailed. only for a penod of up to 90 continuous days thereafter. unlll construction" resumed: and (iii) there IS no coverage before the bulld,"~ IS ....alled and rooled where the lo....est noor. IIlcludang basement tloor. 01 a non-ele\ aled building or the lo....esl elevated noor of an elcsated bulldln~ IS bel"..... the base nood elev'atlOn in Zones AH. AE or A 1-30 or" below Ihe basc tlood elevation adjusted 10 include the effect ol.....ave a.:tlon '" Zunes VE or V 1-30. Thc lowest noor levels are based on the bonom ollhe I"west honzontal struc- tural _mber of the noor '" Zones VE or V I-~O and the top oi the noor in Zones AH. AE or AI-30. 7. When the Insurance under thiS poli':y'l'o\",\ a build,"g. the reasonable e~pen..es Incurred by you fur the purchase Ull I. ,-,ndbags. ,"eluding sand tu fill them and plastiC sheeting and lumber used In ""nneetlon wuh them. (ii) fill for temporary le\ees. (Iii) pumps. and '1\ I .....ood. all lor the pur- pose of saving the build,"g due to the Iml1Unent dan~er ot a nood loss. in- cluding the value of your own labor and Ihe labor of member. of your household al prev'alling Federal minimum ....a!,:e rates. are a co\'ered loss in an aggregate amount up to the amount oi the m,"lmum bUlld'"g deducti- ble. The polic)'s building deduclible amount. as pros Ided for at Anicle VI. shall not be applied to this reimbursemenl. l'tut ,hall be apphed to any other benelits under the policy's building co\~rage. For reimbursement under this paragraph 7 to apply. the folln"''"l1 conditions must be mel; (i) The insured propeny must be in immlnenl d''"gcr of su'taaning nood (' ( e- October 1988 ( ,. ( "--. .. damage: and (il) The threat of flood damage must be of such imminence as to lead a person of common prudence to apprehend flood dal1l4lge: and (ill) A general and temporary condition of flooding In the area must oc- cur. even if the flooding does 110I reach the insured propeny. or a legally authOrIZed offiCial must issue an evacuation order or other CIVIl order for the commumty in which the msured property IS located calling for musures to preserve life and propeny from the peril of flood. B. We cover your Personal Property as conlents incidental to the occupan- cy of the buildmg as a dwellmg under the policy. subject to "C" below. and that belonging to members of your family in your household and. at your option within the limits of contents coverage purchased for personal propeny loss. guests' and servants' personal propeny and the personal prop- eny of others for which you may be responsible-all while stored within a building at the propeny address. Personal propeny in the open and noc stored in a building shall nOl be covered against loss by flood under this policy. However. personal propeny located in buildings haVing in place two or more rigid walls and a fully secured roof are covered if the contents are secured 10 prevent flotation out of the building during flooding; the flota- tion out of the building during flooding of any such contents shall be deem- ed by you and us to establish the conclusive presumption that the contents were not reasonably secured to prevent flotation. At your oplion at the time of loss. in an amount up to 10% of the amount of insurance you have pur- chased to cover personal propeny. this policy will also cover: I. Loss to improv'ements. alterations. and additions made by you. as a Tenant. to an insured building at the propeny address; 2. If you are an individual condominium unit owner. loss to the interior walls. floors. and ceilings of your unit that are not otherwise covered under a condominium association policy. C. Limitations: As a limitation on "8". above. we shall noc reimbu~ you for loss in anyone flood as to the following personal propeny to the extent the total loss of such propeny exceeds S250.00: paintings. etchings. pictures. tapeslrJes. an glass windows and other works of an (such as but not limited to ~tatuary. marbles. bronzes. rare books). necklaces. bracelets. gems. precious or semi-precious stones. articles of gold. silver. or platinum and furs or any anicle containmg fur whICh represents its principal value. In the case of personal propeny owned by you in a condominium building. as a dwelling unll owner. as well as m common with other dwell.lng unn owners. should the amount of Insurance collectible under thiS policy for a loss. when combln~ With any reCOVerj available to you as a tenant In common under any cOndominmum assoclallon flood insurance coverage provided under the ACl for the same loss. exceed the statutonly permiSSI- ble limns of contents COHrage available for the Insunng of SIngle-family dwelling owners under the Act. then the limns of contents coverage under thIS pol icy shaJl be reduced In regard to !hat loss by the amount of such excess. D. Debris Remo>al: Within the IimllS of your coverage. ....e cover any expense you incur. Includln2 the value of your own labor and lhe labor of members of your househoid at prevailing Federal minimum wage rates. as a result of removing debns or. on or from the Insured propeny so long as the debris problem was directly caused by a flood. E. Demolition Cov'erage: Within the limits of your coverage. you may apply all or pan of the proceeds of any flood Insurance c1,um Y'ou make under this policy toward the expenses you incur In removing damaged por- tions of the insured bulldmg from the property location follOWing a flood loss. ARTICLE V-PROPERTY :\Of COVERED We do nOI cover and will 110I pay for damage to or loss of any of the following: A. Ac~ounts. bills. curren". deeds. evidences of debt. money. COins. medals. postage stamps. securille5. bullion. manuscripts. or orner valuable papers or records and contents U5ed In connection with any IncIdental com- mercial occupancy or use of the building. B. A building. and its contents. located entirely in. on. or over water or seaward of mean high lIde. If the building was newly constructed or substantially improved on or after October I. 198~. C. Fences. retaining walls. seawalls. swimming pools. bullheads. ....harves. piers. bridges. docks: other open structures located on or over ....ater. including boat houses or other similar structures or buildings inlo ....hich boats are noated or personal propeny in the open. O. Wnd values. lawn. trees. shrubs or plants. growing crops. or livestock; underground structures and equipment including wells. septic W\ks or septic syslems; those ponions of walks. walkways. driv.eways. pallos_ and other surfaces. all of whalt:\'er kind of constNCIlOn. located oUlslde the perimeter. October 1988 extenor walls of the insured building. E. Animals. birds. fish; aircraft. any !>C:lf'prn~lIed '.ehKk or m,,,'h,ne and mOlor vehicles (other lhan ll'lOIorized equipment penalnlng to Ihe serv- ice of the premises. operated principally on the premISe' ,,( Ihe Insured. and not licensed for highway use) including lhelf pans and ellulpment. trailers on wheels and OIher recrealional vehicles ...hether affi\Cd to a per- manenl foundation or on wheels; walercraft includIng thelf furnlShln!!s and equipment: and business propeny. F. Enclosures. contents. machinery. building components, ellulpment and fixtures located at an elevation lower than the lowesl elevated no", of an elevated Post-FIRM building (except for the required ulllity connec- tions and the fOOling. foundallon. poslS. pilings. pIers '" olher foundallon walls and anchorage system as required for the suppon of the elevated Post. FIRM building). including a manufactured (i.e.. mobile) home; finIShed basement walls. floors. ceilings and other improvements to a basement hav- ing its floor subgrade on all sides (except for dry....alls and sheetrod "ails and ceilings. whether finished or unfinished. all only to the extent of replaCing them with unfinished [i.e.. nailed to framing but nol taped or otherWise finished with paint or other covering) drywall or sheetrock ceiling' or wall,. and except for fiberglass insulation>. and contents. machinery. budding equipment and fixtures in such basement areas; except thai. as 1O this sub- paragraph (Fl. coverage is provided in basemenl area, and In areas below the lowest elevated floor of an elevated Post-FIRM building for sump pumps. well-waler tanks. well-....aler tank pumps. oil tanh and the 011 In them. cisterns and the water in them. natural gas tanks and the gas in them. pump' and/or tanks used in conjuncllon ....ith solar energy systems. furnaces. hot water healers. clothes washers and dryers. food freelers and the food In them. air conditioners. heat pumps and electrical jUrK!IOn and cirCUli breaker boxes; and coverage is also prOVided in basement areas and In areas below the lowest elevated floor of an elevated Post-FIR\l hUlldlng for stalfwa) s and staircases attached to the building whICh arc nO! separaled from Ihe building by elevated walkways and for elevators and relevant equipment. except for such relevant equipment located below the hase Ilood elevation if such relevant equipment was Installed on or aher October I. 1987. G. Buildings and their contents. including mach.nerj' and equipment. which are pan of the building. where more than ~9 p.:rcent of the actual cash value of such buildings IS below ground. unk" lhe lowesl level" at or above lhe base flood elevallon (In the Regular Program) or Ihe adla- cent ground level (in the Emergen') Program) b\ reason of eanh haVing been used as an insulatIon matenal in conjunctll'n wllh energy effiCient building techniques. H. A manufactured li.e.. mobile) home located or pla,'ed wllhln a FE\lA deSignated Special Flood Hazard Area that IS n." an,'hored 10 a permanent foundallon to resist flotation. collapse. or lalcral movement (I) b) I"cr. the-lOp or frame ties to ground anchors or III' In accordam,e w IIh manul a,- lurer's specifications or liil) In compliance "lIh Ihe c"mmunllY's 11001.1 plain management requirements. unless II is a manulactured lie. mobile) home on a permanent foundation contInuously Insured b\ the "allonal Flood In- surance Program at the same slle at least SInce September 30. 198~. I. Units whICh are pnmarily contaIners. rather than buildings (such as gas and liquid tanks). J. A buIldIng. and Its contents. ne...ly constructed or suh,tanllally Im- proved on or after October I. 1983. In an area de"~nated as an undevelop..-d coastal barrier within the Coastal Barner Resources Svstem established b\ the Coastal Barrier Resources Act (Pub. L 97-:.~8j. . ARTICLE YI-DEDlCTIBLES A. Each loss to your Insured propeny IS subjelC! to a deductible proVlsUlO under which you bear a ponlon of the loss bel"'e payment IS made un,ter the policy. B. The loss deductible shall apply separatcl\ t,) each hulldlng loss and contents (personal propenyl loss Including. as to each. any appunenanl structure loss and debns remo' al expense. C. The amount of the deducllble for each ""s ',<:,'urrence IS delermln''tJ as follows: we shall be liable only when such 10" e"eeds S500.00. <lithe amount of any higher deductible which you sclecl,-d when you applied I,'r this insurance or when you raised the dedul'llblc by endorsement. ARTICLE Vll-REPLACEMENT COST PROVISIO:'liS Subject to Ankle VI and the limits of bUlldln!! co\'erage you have pur- chased. these provisions shall apply only 10 a Single Family O....elling which is the principal residence of the insured and wh,\Ch is CO\ ered under this POL 15 policy. Ouldoor antennas and aerials. carpeting, awnings, appliances and OIher ouldoor equlpmenl. all whether anached to lhe insured building or noI. are excluded from the replacement cost coverage. For purposes of this AMlcle VII. a smgle family dwelling qualifies as your principal residence provided that. althe time of the loss, you or your spouse have lived in your bulldinl for ellher (I) 80% of the calendar year immediately preceding the loss or (2) 80% of the period of your ownership of the insured building. if less than one calendar year Immediately preceded the loss. For purposes of thiS AMlcle, the replacement cost provisions do noI apply to a con- dominium unll within a venlcal building having one or more condominium units in it not conuguous 10 the ground. Under this Anicle: A. If at the tnne of loss the total amount of insurance applicable to said dwelling IS 80% or more of the full replacement cost of such dwelling, or is the maximum amount of insurance available under the National Flood Insurance Program, the coverage of this policy applicable to such dwelling is extended to include the full cost of repair or replacemelll (without deduction for depreciation). B. If al the time of loss the total amount of insurance applicable to said dwelling is less than 80% of the full replacement cost of such dwelling and less than the maximum amount of insurance available under the National Flood Insurance Program, our liability for loss under this policy shall not exceed the larger of the following amounts: I. The actual cash value (meaning replacement cost less depreciation) of thaI pan of the d....elling damaged or destroyed; or 2. That ponion of the full cost of repair or replacement withouI deduc- lion for depreCiation of lhat pan of the dwelling damaged or destroyed. which the tOlal amount of insurance applicable to said dwelling bears to 80% of the full replacement cost of such dwelling. If 80% of the full replacement cost of such dwelling is greater than the maximum amount of msurance available under the National Flood Insurance Program. use the maximum amount in lieu of the 80% figure in the ap- plication of this limn. C. Our liability for loss under this policy shall not exceed the smallest of the follow 109 amounts: I. The limit of liability of this policy applicable to the damaged or destroyed buildmg; 2. The replacement cost of the dwelling or any pan thereof identical with such dwellmg on the same premises and intended for the same occupancy and use; or 3. The amount actually and necessarily expended in repairing or replac. ing said dwell 109 or any pan thereof intended for the same occupancy and use. D. When the full cost of repair or replacement is more than $1.000 or more than 5'k of the ....hole amount of msurance applicable to said dwell. mg. we shall not be liable for any loss under paragraph A or subparagraph B.~ of these provIsions unless and until actual repair or replacement IS completed. E. In determinmg if the whole amount of insurance applicable to said dlOoelling is 80% or more of the full replacement cost of such dwelling. the cost of excaVations. underground flues and pipes, underground wiring and drams. and brick. stone and concrete foundations. piers and other supports which are below the under surface of the lowest basement floor. or where there IS no basement. which are below the surface of the ground inside the foundallon walls. shall be disregarded. F. You may elect to disregard this cond II ion in making claim hereunder. but such election shall nO! prejudice your right to make funher claim within 180 days after loss for any additional Iiabilily brought about by these prOVISions. G. These Replacement Cost Provisions do nOI apply to any manufac. tured ll.e.. mobile) home which when assembled is notal least 16 feet WIde or does not have an area within its perimeter walls of at least 600 square feet or personal propeny (contents) covered under this policy, nor do they apply' 10 any loss where msured propeny is abandoned and remains as debris al the propeny address following a loss. H. If your dwelling sustains a total loss or if we should pay you the entire building loss proceeds under these replacement cost provisions. there is no requir.:mentthat you rebuild the building al the insured propeny address. I. Ifthe community in which your propeny is located has been convened from Ihe Emergency Program to the Regular Program during the current policy tenn. then these Replacement Cost Provisions shall be applied based on the maximum amount of insurance available under the National Flood Insurance Program at the beginning of the current policy term inSle.ad of POL 16 at the time of loss. ARTICLE VIII- GENERAL CONDITIONS AND PROVISIONS A. Pair and Set Clause: If you lose an anlcle which is p.1n of a p.1ir or set. we will have the option of paying you an amounl equal 10 the cost of replacing the lost anicle. less depreciation, or an amount which represents the fall propon.on of the total value of the pall or set thai the lost ilnide bears to the pai r or set. B. Concealment. Fraud: We will noI cover you under lhis policy. which shall be void. nor can this policy be renewed or any new nood Insurance coverage be issued to you if you have sworn falsely. or willfully concealed or misrepresented any material fact. or done any fraudulent act concerning this insurance (See "F". below). In addition. we will not cover you under this policy. which shall be void, in the event you have willfully concealed or misrepresented any fact on a "Recenification Questionnaire". which causes us to issue a policy to you based on a premium amount which is less than the premium amount which would have been payable by you were it noI for the misstatement offact (see "G". below). C. Other Insurance: We shall not be liable for a greater proponion of any loss. less the amount of deductible. from the peril of nood than the amount of insurance under this policy bears to lhe whole amount of flood insurance (excluding therefrom any amount of "excess insurance" as hereinafter defined) covering the propeny, or which would have covered the property except for the existence of this insurance. whether collectible or not. In other words. if you obtain additional nood insurance to cover the structure insured by this policy beyond that obtained under the iluthori- ty of the National Flood Insurance Act of 1968. as amended. then you must acquire the maximum amount of available flood insurance under said Act in order to avoid the imposition of proration as descnbed In the preceding sentence. In the event that the whole amount of nood insurance (excluding therefrom any amount of' 'excess insurance" as hereinafter defined) covenng the prop- en) exceeds the mnimum amount of insurance permitted under the provi- sions of the National Flood Insurance Act of 1968. or any acts amendatory thereof. it is hereby understood and agreed that the insurance under this policy shall be limited 10 a proponionate share of the maximum amount of insurance permitted on such propeny under said Act. and thal a refund of any extra premium paid. computed on a pro-rata baSIS. shall be made by us upon request in writing submitted nOllaler than 2 years after the ex- piration of the policy term during which such eura amount of insurance was in effect. "Excess Insurance" as used herein shall be held to mean insurance of such p.1n of the actual cash value of the propeny as IS in excess of the max- imum amount of insurance permitted under said Act With respect to such propeny. D. Amendments. Waivers. Assignment: This Slandard Flood Insurance Policy cannot be amended nor can any of Its prOVIsions be waived without the express wrinen consent of the Federal Insurance Administrator. No action we take under the tenns of this policy can constitute a waiver of any of our rights. Excepl in the case of 0 ) a contents only polocy and (2) a policy issued to cover a building in the course of constructIon. assignment of this policy. in writing. is allowed upon transfer of title. E. Cancellation of Polio B" You: You can cancel this policY at ~ny time but a refund of premium money will only be made to you when; a. You cancel because you have transferred ownership of the Insured property to someone else. In this case. we will refund to you. once w'e receive your written request for cancellatIOn (signed by YOU). the excess of premIUms paid by you which apply to the unused ponion of the policy's term. pro- rata but with retention of the expense constant. b. You cancel because we have determined that your propeny is not. in fact. in a special flood hazard area; and you were required to purchase flood insurance coverage by a private lender or F.:deral agency pursuant 10 P.L. 93-234. ~I02; and the lender or Federal agency no longer requires the retention by you of the coverage. In lhis event. if no claims have been paid or are pending. your premium payments will be refunded to you in full. according 10 our applicable regulations. c. You cancel a policy having a term of three (3) years. on an anniver. sary date. and the reason for the cancellation is: (i) A policy of nood insurance has been obtained or is being obtained ( '" ( e- October 1988 ( ,. ( "- .. m subsll1ulion (or this policy and we have received a wrinen concurrence III the cancellation from any mongagee of which the NFIP has actUalllOlice. or (ii) you have eXlinguished Ihe insured mongage deb! and are no longer ~ulred by the mongagee 10 maintain the coverage. Refund ohny premium. under this subparagraph "c". shall be pro rata bul with retenllon of the expense constant. r. Voidan<<. Reduction or Reformation of the Coverage By Us: I. Voidance: This policy shall be void and of no legal force and effecl in the evenl thai anyone of the following conditions occurs: a The propeny listed on the appliC2tion is not eligible for coverage. in which case the policy is void from its incepcion; b. The community in which the propeny is located was not panicipaling in the National Flood Insurance Program on the policy's incepclon dale and did not qualif) as a panicipating community during the policy's term and before the occurrence of any loss for which you may receive compensallon tmder the policy. in which case the policy is void from its incepllon date: c. If. during the term of the policy. the panicipation in the National Flood Insurance Program of the community in which your propeny is localed ceases. in which case the policy shall be deemed void effective at the end of the last day of the policy year in which such cessation occurred and shall DOl be renewed; in the event the voided policy included three policy years in a contract lerm of three years. you shall be entitled to a pro-rata refund of any premium applicable to the remainder of the policy's term after voidance of the policy; d.ln the event you or your agent have (i) sworn falsely or (ii) fraudulent- ly or willfully concealed or misrepresented any material fact (includlOg facts relevant to the rating of this policy) in the application for coverage. or upon any renewal of coverage. or in connection with the submission of any claim brought under the policy. in which case this entire policy shall be void as of the date the wrongful act was commined or from its inception If this policy is a renewal policy and the wrongful act occurred in connection With an application for or renewal or endorsement of a policy issued to you in a prior year and affects the rating of or premium amount receIved for this policy. Refunds of premiums. if any. shall be subject to offsels for our ad- ministrative expenses (including the payment of agent's commiSSions for any voided policy year) in connection with the issuance of the polICY: e. The premium you submit is less than the minimum preml.um sel fonh in 44 CFR 61.10 in connection with any application for a new policy or policy renewal. 10 which case the policy is void from its Inception date. 2. Reduction of co\'erage limits or !'tformation: In the event thaI the premium payment received by us is IlOl sufficient 10 purchase the amounts ofbuilding coverage and contents (personal propenyl coverage requested or 10 the event a rating error has been innocenlly made by you or your agent 011 the application. renewal. endorsemenl. or other form (whether eVident or 110I) resulllng in IOsufficlent premium belOg received by us for the pur- chase of the amounts of coverage requested. then: (i) If the Insufficient premium or other rating error is discovered by us prior to a loss under the policy. the policy shall be deemed 10 prov ide only such coverage as can be purchased. for the entire term of the policy. for the amount of premium received; provided. you may increase any reduced coverage(s) at any lime by payment of the correct premium for the addl- tionallimits of coverage requesled and any such correct premium received by us prior to any loss under the policy shall resuli in coverage belOg pro- vided for the loss up to the additional amount of coverage requested by you. The application of the insufficient premium received to the prOVISion of flood Insurance coverage shall be made as follows: a. In the event that only one kind of coverage (building coverage or con. tents coverage) has been requested. you shall receive the limits of thatllOd of coverage which can be purchased for the amount of premium recelV'ed. less the expense constant; b, In the event that both building coverage and contents coverage ha\'e been requested. we shall determine the percentage ratio that each llnd of insurance bears 10 the total amount of coverage requested. appon Ion the tOlaI premium received by the percentage ratio for each kind of co\ erage. and you shall receive. as to each kind of coverage requested. the amount of coverage ....hich can be purchased by the premium amount as apponloned for each kind of coverage; where both building and contenls coverage are requested and where the application of the above percentage ratio causes the premium received. as apponioned by the ratio. to produce an amount of premium for one of the kinds of coverage to be more than suffiCient to purchase the amount of insurance of that kind of coverage requested by you. any such excess of apponioned premium Will be applied to obtain an October 1988 additional amount of the other ~Ind oi cover~~e until the am'Unt ,., ,",uraoce requested for the ocher coverage ft obtained. c. Provided. however. under th.. subsection (~. )(1) as to any mongagee (or trustee) named in the policy. we sh.111 give a nOllce of addull,",,1 premium due and the right of reformation stwl continue In force for Ihe heneflt only of the mongagee (or trustee). up 10 Ihe amount of your indebtedness. for thlny (30) days after wmten IIOlJCC to the mongagee (or tru,lee). (ii) If the insufficient premium or ocher rating crror " di,covered by us at the time of a loss under the poll,!, the polley shall be deem...d 10 provide coverage pursuant to the provislOllS of (i). above. unless: a, You or your agent has swom falsely or fraudulently or WIllfully con- cealed or misrepresented any matenal fact (includln~ facts relevant to the raling of this policy) in the applicallOn for covera~e. or upon an~ renewal of coverage. or in connection w,!h the submiSSion of any claim brought under this policy. in which case dus entire policy shall he VOId as of the date the wrongful act was commraed or from its inception if thiS policy is a renewal policy and the wrongful act occurred In connection with an application for or renewal or endon.c:ment of a policy issued to you In a prior year and affects the rating of or premium amounl received for thiS policy. Refunds of premiums. if any. shall be subject to offsets for our ad- ministrative expenses (including the payment of agent's commIssions for any voided policy year) in connectIOn with the issuance of the policy; or b. Provided (ii)(a) above does 001 apply. you remit and we recel\e the additional premium required to purchase (for the current policy term and the previous policy term. if then insured) the limits of coverage for each kind of coverage as was initially requested by you with," Ihmy (30) days from the date we give you written notice of additional premium due. In which case the policy shall be reformed. from ItS inception date. to prOVIde flood insurance coverage to you In the amount' of coverage IOllIally reo quested, Silence or ocher failure to remit the addltu,"al premium required or non-receipt of such premium by us within thlny (30) day's from the date of notice of premium due shall be deemed to be refusal to pa~ the addl' tional premium due and any subsequent payment of the additional premium due shall not reform the policy from Its IOceptlon date but shall only add the additional amounts of covera~ 10 the policy for the remainder of liS term. pursuant to 44 CFR 61.11. ..lth any e\cess of premium paid being returned to you. Prov'ided. however. under thiS subsection "b" as 10 any mongagee (or trustee) named In lhe policy. we ,hall gl\'e a notICe of addi- tional premium due and the right of reformation ,hall continue," force for the benefit only of the mongagee lor trustee), up to the amount of your indebledness. for thiny (30) days after wrIlten oollce 10 Ihe mongagee (or trustee): provided. funher. we are lIllder no obligation 10 send you any W rIl- len notice of additional premIUm due or notice 01 premium due under thIS subsection, G. Policy Renewal: The term ofthls polICY commences on liS inception date and ends on its expiration date. as shown on the "Declarallon Page" which is attached to the policy, We are uooer no obligallon to send Y'ou any renewal notice or ocher nOlIC'C that your policy term is coming 10 an end and the receipc of any such OOlite by you ,hall noc be deemed to be a waiver of thiS provision on our pan, We are under noobllgallon to assure that policy changes reflected in endorsements submll\ed by you dUring the policy term and accepted by us are l/lCluded In any renewal notice or new policy which we send to you. "PolICy change," includes lhe addition by you of new coverage (e, g, contents cov'erage added to a building coverage policy or vice versa) or any inc~ases In the amounts of coverage, This policy shall not be renewed and the coverage prOVided by It shall not continue Into any successive poliCY term unless the renewal premium payment,s received by us at the office of the :V;FIP Within 30 days of the explrallon date of this policy. sub.JCClto AnlCle VIII. F. above If the renewal premium paymenlls mailed by centlied mail to the NFIP prior to the e,- pi ration date. it shall be deemed to have been receIVed within the: reqUired 30 days, The coverage provided ~ the renewal policy" In effect for any' loss occurring dUring thiS 30-day period even If the loss occurs be for... the renewal premium payment is receIVed. so long as the renewal premium payment is received wllhin the reqUired 30 days. In all other cases. this policy shall terminate as of the expiration date of the last policy term for which the premium payment was timely received althe office of the ~FIP. and in that event. we shall nol be obligated 10 provide you ....Ilh any cancella- tion. termination. policy lapse. or policy renewal notice ad\islOg you of any such cancellation. termination. policy lapse. or policy renewal: pro- vided. however with respect to any mongagee (or trusteel named in the POL 17 dedaral,on, 'orm ~lIal'hed 10 th" polley. Ih" In'ur~nce sh;oIll'lln!lnue In flln:e onl) tor Ihe hencf" of such mong~gee (or Iruslee) for 30 dilY' i1fler wrlllen nOI"'c 10 the mongagee (or In"'ee) of termlndllOn of th" pollC)'. dnJ ,hall Itk:n tcrmmale In c'onncc'''on w,th Ihe renewdl oflh" poloc)'. )'ou w,lI be reque'led dur- ing Ihe pOIK~ Icrm to rec'ertlfy. on ~ Recenl,icallon Que\llOnnalre we will pm..Je you. Ihc rdlmg ,nformatlon u-.ed to rdle your I!\()\I recent dpplocd- lion for or renewal of insurdnce. NOl"'Uhst.lIl(jlng your responsiblluy 10 submuthe appropnale renew~1 premIum In 'u frlC lent lIme 10 permll ib recelpl by Us prior to lhe eXpIratIon oflhe poloc)' bemg renewed. we hd_e estdbloshed a business procedure for milillng rene"'al nottCes 10 aSSlsl Insured, In meeling Iheir re,ponsiblluy. Regarding our bU\lness procedure. e"dence of the placing of ilny ,uch nOllCes ,nlO the l S Po,lal Servtce. iiddresscd 10 you iltthe ilddress ilp- pc.iInng on your mO\! recent appltCallon or other appropriille form (recei_ed by the NFIP pnor to the mililing of the renewal nOlice by us). docs. in illI respects. for purposes of the NFIP presumpli_ely estilblish delivery to you for illl purposes IIrespccti_e of whether you actually received the notIce. Ho",'e_er. In the e-ent we delermine thil!. through iln)' eircumstilnces. iln)' renc"'al nottce WdS not placed into lhe U.S. Postal ServICe. or. ifpliICed. was prepilrcd or addre,sed In a manner which we delermlne could preclude the "~ellhood of II being actuillly and timely received by you prior 10 the due dale for the rencwal premIum. thc follOWing procedures slt.all be follo"'ed: In Ihe even! Ihal you or your agent nOlifies us nol Iiller th..n one yeilr ilfter Ihe da,e on ....hlCh the payment ofthe renewal was due. or.. nonreceipt of a rene"'al notICe proor 10 Ihe due dale for the renewal prem,um. which .....e detcrmlnc "'d' allrobulable 10 the abo_e circumstilncc,. we shall mdll il second bIll p"",dmg a rev"ed due ddle. which shall be Ihlny days after Ihe date on '" hLCh the b,lI is ma,led. If the renewill pilyment " rece"ed by such reVlscd due date. the policy sh..J1 be renewed dS oflhe dale on whIch the pnor polKY would have explled. If the renewal payment requested by rca,on oflhc second bIll" nOI rece"ed by the revised due date. no renewal shall occur and Ihe policy shall remain an expired policy as of the exp,ra- tion da,e pre...:nbed .m the policy. If. Alterations and Repairs: You mil). dl any time and dt your own ex- pense. ma~c alteration,. addulon, and repalls to the Insured propeny dnd complete 'truclure, '" the course of construcllon. I. Requirements in Case of Loss: Should a nood loss occur to your ,"_ sured pmpcn). you musl: I. ~Ollfy u, 10 wflllOg a, ,oon as practICable; 2 A, ""nn a, reasonably possible. separate Ihe damaged and undam- agcd pn>J":ny . pUlllOg tl 10 the be,t posSIble order sO that we may examlOe n. and 3 Wnh,n N) da~, alter the loss. send u, a proof of I"",. whIch" your 'talemenl as hI the amount ~ou are c1alm'ng under Ihe policy Signed and ''''010 hi b~ ~ou and furnlShlOg u, ""lIh the fOllow,ng information a The date and lime of the loss. b. A bnef explanallon of how tbe loss happened. l'. ,",'ur mlere" '" Ihe propeny damaged <for example. "ow'ner") and the ,nlere,h. If any. of other, 10 lhe damaged propeny. d The actual cash 'aluc of each damaged ilem of msured propeny after deprec't..lIon I' deduCleO from Ihe cost of replacemenl oflbe propeny (unless the polley -, "REPlACEME!'IIT COST PROVISIONS" appl~. 10 ",hlCh case the replacement cost without allowance for deprecialton should be fur- ni,hedl and the amounl of damages su,talOed. e. ~ame, of mnngagees or anyone else having a lien. clt.arge or claIm agam't Ihc In'ured rropcny. I' Dc.ta.ls a, to any othcr conlracts of in,urance covenng lhe propeny. ",hethcr 'a"J '" not. ~. Delall, .,1' an~ ,'hange, 10 o"'ocrshlp. u,e. occuJlilnc~. locatIOn or I"'"e",,'n 01 the Insured propcny sInce the policy "'as ",ued. h. Det",I, a, to ",ho ,"cup,ed any IOsured bulldmg at lhe lime of loss and for '" hat pu rpo'e. and I. The amount you c1atm I> due under thi, polil')' to co,er Ihe lo,s. 10_ dudln~ 'talemcnt, wncernlOg: III The limn, of lInera!!c ,Iated 10 the policy. 1111 The etl,11ll repaIr or replace the damaged propeny (",hate~er COsts Ie,,!. ~. The ,n,ur;lnce ad'U,ler whom we hire to inve,tigate your claim mdY furnhh you'" nh a proof of I"" form. and ,he or he may help you 10 com- plete n. Howe"er. th" IS a matter of counesy only. and you must ,till send POL 18 u, a proof of 1m, within 60 day, ~fler ,he I.", e'cn ,f Ihe adJu'ter doc, not furnl\h Ihe form or help you complele II In wmplcltng the proof of ICh'. you mu-r"t u'c YClur 0""" Judgment concernlnc lhe ..mount of 10" and the Ju'l I flC':4t1 IOn. for that amount; Ihe adjU'h:r " n~~JI .JulhorllCO In ..pprove orJ'....pprove claim, or 10 lell you whether your "a,m w,lI be appr<wed by u, 5. We may. al our option. wa"e the requlremenllor Ihe complelton and lilmg of a Proof of loss in cenaln case,. ,n ",hlCh e_en! )oU w,ll be re- qUired to Sign and. al our opllon. SWedr 10 dn ddJu,ler', repon of Ihe loss which 'ncludes IOformallon about your hl\\ and thc damages needed by u, tn order to ddjusI your c1dlm; 6. Any fal,e >!alement' made In the cour" of presenlment of a c1a.m under thl> policy milY be pun"hable by r,oc '" 'mpmonment under Ihe ap- pllCilble Federdl Law,. J. Our Options Aner a Loss: Oplion, we may. 10 our sole dl"ret.on. exercIse after loss include Ihe follow,ng: I Evidence of Loss: If we 'peclficdlly rC4ue,llI. In "'rotmg. you may be reqUired 10 furnish u, with a complele Inventory of the de,'rnyed. dam- aged and undamaged propeny. includIng dClall, a, 10 4uan!lIte,. co,ls. ilC- tual cash values. amount, of los, c1dlms. and an) w rlllen plan, and ,peClfica- tlon, for repilir of the damaged propeny whICh you can ma~e red,onably availilble 10 us. 2. Examination Cnder Oath: We may require you to ,how u, or our deSignee. lhe damaged propeny. 10 be examlnc'll under oath by our deSIgnee ilnd to SIgn any transcript, of such e~am'natlon,; to. al 'uch rea,onable time, and places as we OldY de,ignate. pcrmll u, to cummc and make ex- tracts and copies of all books of accounls. b.lls. on, "'ces and Illher vouchers. or cenlfied copies thereof if Ihe ofiglndls are 1",1. pena'"'"g to Ihe dam- aged propeny. 3. Options to Repair or Replace: We may lake all or any pan of Ihe damaged propeny at the agreed or appra"ed 'alue and. also. to repillr. rebuild or replace the propeny de'lro)ed or Jama~ed ....lth othcr of li~e kInd and quallly with," a rea,onable lime. on gl\'ng you notICe of our In- lent.on to do so wllhln 30 day, after thc rccclpl 01 Ihe pmof of 10" here,n reqUired under "I". above. 4. Adjustment Options: We may adJusI 10" 10 an~ ,n,ured propeny of others wllh the o.....ners of sUl'h propeny '" ",th ,ou for theor account. Any such Insurance under Ihl> poky shall not ,nure dorectly or Indorectly to the benefil of any carner or olher oa,lee lor hore K. When Loss Payable: Loss " pa~ aole w Ithm 00 da~' after you file your proof of loss (or w,lh,n 90 day' aller thc Insurance adJu'ter files an iidJuster', repon SIgned and ,w'orn t" by ~ oU In I,cu 01 a pfi"" of lo>\) and ascenalnment of the 10>\ I> made clthcr tv, a~rc'Cnlenl ~t"'een u, and you expressed In writing or by Ihe f,Iong with us <II an "ward a, pro\lded In paragraph" M". belo... If "'e reject your rr'~11 <I' io" In w hole or In pan. you may accept such den,al of ~our c1a,m. <lr ",ere"e your fights under thIS polocy. or lile an amended prQ(lf of 10" a' long a, It " liled wuhln 60 days of Ihe dale of Ihe loss or any C\tcn"on 01 lime allowed by Ihe Admlnl>lrator. L. Abandonment: You may nOI abandon Janlaged or undamaged in- sured propeny to u,. Ho.....e-er. ",e may permit you to ~eep damaged. IO,ured propeny ("salvage") after a loss and reduce the amoun! 01 thc loss proceed, JlilY dble to you under the pol1C) by the 'alue of Ihe 'al'age M. Appraisal: If at an) I,me after a 10". we are unable 10 agree with you as to Ihe actual cash value-or. If appllcaole. repla,emen! ""l-ofthe damaged propeny so as 10 determlnc the am"Un! olio" 10 t>e pa,J 10 you. then. on the ...rillen dem..nd of either one Ilt us. ea,h 01 u' shall ,elect a compelent and disinterested appralScr and nOI,I\ Ihe olher of Ihe appral'er !>ejected .....lIhln 20 day' of ,uch demand The a~pra"er, ,hall I;"t ,elecl a compelent and di,interested umpore; and lallon~. after I~ days. to agree upon such umpire. then. on your requc't or our ,,'4ue,!. such umpore shall be selected by a Judge of a c"un of record In the Slale In whICh Insured propeny i, located. The appra"ers shall Ih,'n appra"c the 10". ,tallng separately replacement CO,1. actual ca,h 'aluc and Ill" 10 each Ilem; and. failing 10 agree. shall subm,llheor dlffcrenc'e,. onlv. 10' the umpore. An award in wrlllng. '0 itemized. of any two lappra"Cf' or appra"er and umpire) ...hen filed with us ,hall determine the amount 01 a"ualc'ash salue and loss or. should this policy', replacement Cosl pm""on, apply. the amount of replacement cosl and lo,s. Each appraiser ,hall ~ paId by the pan) selec- ling him and the expenscs of apprdlSal and umpore ,hall be paid by bolh of us equally. S. Loss Clause: If.....e pay you for damage III propeny ,uslained in a ( ( e- October 1988 .( flood loss. you arc still cligiblc. dUring the tcrm of the policy. 10 collcct for a subsequent loss due to anolher flood. Of course. all loss arismg out of a single. continuous flood of long dural ion shall be adjusted as one flood loss. O. Mortgage Clause: (Applicable to building coverage only and effec- tive only when policy IS made payable to a mongagcc (or trustee) named in the application and declaration form attached to thiS policy or of whom the Insurer has actual notice prior to the payment of loss proceeds under thiS policy). loss. if any. under thiS policy. shall be payable to the aforesaid as mon- gagee (or trustee) as interesl may appear under all present or future mon- gages upon the propeny described in which the aforesaid may have an in- terest as mongagee (or trustee). in order of precedence of said mongages. and this insurance. as to the Interest of the mongagee (or uustcc) only therem. shall nOI be invalidated by any act or negleCt of the mongagor or owner of the described propeny. nor by any foreclosure or other proceedings or notice of sale relating to the propeny. nor by any change 111 the title or owner- ship of the propeny. nor by the occupation of the premises for purposes more hazardous than are pennitted by this policy: provided. that in case the mongagor or owner shall neglect to pay any premium due under this policy. the mongagee (or trustee) shall. on demand. pay the same. Provided. also. that the mongagee (or trustee) shall notify the Insurer of any change of ownership or occupancy or increase of hazard which shall come to the knowledge of said mongagee (or trustee) and. unless pennit- ted by thiS policy. it shall be noted thereon and Ihe mongagee (or trustee) shall. on demand. pay the premium for such increased hazard for the tenn of the use thereof: otherwise this policy shall be null and void If this policy is cancelled by the Insurer. it shall continue m force for the benefit only of the mongagee (ortrustee) for 30 days after wrinen notice to the mongagee (or trustee) of such cancellation and shall then cease. and the Insurer shall have the right. on like notice. to cancel this agreement. Whenever the Insurer shall pay the mongagee (or trustee) any sum for loss under this policy and shall claim that. as to the mongagor or owner. no liability therefor eXisted. the Insurer shall. to the extent of such pay- ment. be thereupon legally subrogated to all the rights of the pany to whom such payment shall be made. under all securities held as collaleralto Ihe mongage debt. or may. as lIS opllon. pay to the mongagee (or trustee) the whole pTlncipal due or to grow due on the mongage with mterest. and shall thereupon receive a full assignment and transfer of the mongage and of all such other securities: but no subrogation shall impair the right of Ihe mongagee (or trustee) to recover the full amounl of said mongagee's (or trustee's) claim. P. :\10rtgagee Obligations: If the Insured fails to render proof of loss. the named mongagee (or trustee) upon nollce. shall render proof of loss in the form herem specified withm 60 days thereafter and shall be subject to the proVISions of thiS policy relallng to appraisal and time of payment and of bTlngmg SUIt. Q. Conditions for Filing a Lawsuit: You may nOI sue us to recover money under this policy unless you have complied with all the reqIHremenlS of the policy. If you do sue. you must stan the suit within t...elve (12) months from the date we mailed you notice Ihat we have denied your claim. or pan of your claim. and you must file the SUII in the Cniled States DistTlct Coun for the district in which the insured propeny was located al the time of loss. R. Subrogation: Whenever we make a payment for a loss under this policy. ...e are subrogaled 10 your right to recover for that loss from any other person. That means that your nghtto recover for a loss that was pan- Iy or totally caused by someone else IS automatically transferred 10 us. 10 , ( the exlenl that we have paid you for the loss. We may requIre you 10 acknowledgc this transfer in wTltlnS. Afler the loss. you may not give up our right to recover this money or do anything which would prevent us from recovenng il. If you make any claim against any person who cau~ your loss and recover any money. you mUSI pay us back firsl before you may kcep any of that money. S. Continuous Lake F1oodlnc: Where the insured building has been 1ft- undated by Tisinl lake Walen COIIIillllOUsly for 90 days or more and il ~ pears reasonably cenain lIIat a COIIIiJaIation of this ftoodinl will result in damage. reimbursable under this policy. to the insured buildin& equal 10 or ,reater than the buildinl policy limils plus lhe deductible or the max- imum payable under the policy for any one buildinlloss. we will pay you the lesser of these two amounts withoul wailinl for the funher damage 10 occur if you siln a release acreeinl (i) 10 make no further claim uncler thiS policy. (ii) not to seek renewal of this policy. and (iii) not to apply for any flood insurance under the NMiona1 Flood Insurance Act of 1968. as amended. for propeny at the property Ioealionofthe insured buildinl. If the policy tenn ends before the insured buildi.. has been flooded continuously for 90 days. the provisions of this paragraph S still apply SO lonl as the first buildinl damage reimbursable under Ibis policy from the COIIlinuous flooding occurred before the end of the policy tenn. T. Duplicate Policies Sot Anowtd: Propeny may nOl be insured under more than one policy issued under the Act. When we find that duplicate policies arc in effect. we shall by wrinen notice gi\e you the oplion of choos- ing which policy is to remain in effect. If you choose 10 keep in effect the policy with the earlier effective date. we shall bylhe same wrillen nOlice give you an opponunily 10 add the coverage limilS of the laler policy to Ihose of the earlier policy. as of the effective date of the later policy. If you choose to keep in effect the policy with Ihe laler effeClive dale. we shall by the same wrillen notice give yOlJ. the opponunily to add the coverage limits of the earlier policy to those of the laler policy. as of the effecll\e dale of Ihe later policy. In either case. you must pay the pro rata premium for the increased coverage Iimils within 30 days of Ihe wriuen nOllce. In no event shalllhe resulling coverage limits exceed the statutorily pennMI- ble limns of coverage under the Act or your insurable interest. whlche\er is less. We shall make a refund to you. according to applicable NFIP rules. of the premium for the policy not bemg kept in effecl For purposes of thIS paragraph T. the lenn "effective datc" means lhe dale co\erage thai has been in effect without any lapse was first placed III effecl In addition to the proviSIOns of this paragraph T for increasing policy limits. Ihe usual procedures for increasmg policy limits by mid-term endorsement or al renewal time. with lhe appropnate waiting penod. are applicable to lhe policy you choose to keep III effect. ARTICLE IX-LIBER-\LIZATIO~ CLAt.:SE While this policy IS in force. should we have adopted any forms. en- dorsements. rules or regulallons by which thiS policy could be broadened or extended for your benefit by endorsement or substitution of policy form. then. such mailers shall be conSidered 10 be mcorporaled in lhis policy wilhout addillOnal premium charge and shall inure to your benefit as though such endorsemenl or SUbslltutlon of policy fonn had been made. ARTICLE X-WHAT LAW GOVERNS This policy is governed by the flood insurance regulallons issued by FEMA. the National Flood Insurance Act of 1968. as amended (~~ U.S.C.~4001. Ct seq.) and Federal common law. IN WIT:'oIESS WHEREOF. we ha\'e signed Ihis policy below and hereby enter InlO this Insurance Agreement. I '-- October 1988 4tl':o?j(ju Administralor. Federallnsurancc Administration POL 19 PROCEDtRES 1:"0 CASE Of A fLOOD For Ihe prolecllon of you ~nd your family. lhe following tlp~ arc suggesled as gUldellne~ by the NatIonal Flood Insurance Program. If you arc eVer In doubl as 10 ",hat a,'tlon " needed. con~ult your Insurance agent or call toll-free: (800) 638-6620. Know your agent's name and phone number. Llslthem here for faSl reference: "gent Phone Number · Plea~e nOIlt) your insurance agent as soon as possible after the flood; · Remind your agent 10 assIgn lhe claIm to an approved NFJP claims adjuster: · Determine the Independent claims adjuster assIgned to your claIm and contact him If you hase nOI been contacted wllhln 24 hours after you reponed tbe claIm to your Insurance agent: the NFIP pays for the services of the independent claIms adjuster asslg~d to your claIm. · As soon as possIble separale the damaged propeny from undamaged propeny and store all propeny so It can be Inspected and evaluated; . Discu" with the adJu"er any need you may hase for an advance or pamal payment of your loss; · In order 10 help the claIms adJusler. try to take p,ctures of the outSIde of the premises shOWing the flooding and the damage and SImIlar pictures of lhe inside of the prem",es showing the height of the water and the damaged propeny; · Place all books. records. receIpts and any other loss verificallon matena) in a safe place for examination and evaluatIon by the claims adjuster: · Work cooperallvely and promptly with the claims adjuster 10 determIne and document all claim items; be prepared to advise the claIms adjuster of Ihe cau~e and responsible pany(iesl. If flood was caused by other than natural cause; · Make cenaln tbe claims adjuster fully explainS all allowances and procedures for processing claim payments. based on your Proof of Loss. which the policy requIres you to send us within 60 days of the loss; and · Any and all coverage problem~ and claim allowance restnCtlons must be communlcaled dlTectly from the NFIP-claims adjusters have no authonty to approve or deny clalm~ and only repon 10 lhe NFIP on the clements of flood cause and damage. POL 20 October 1988 ( ( e-