Dwelling Form National Flood Insurance Program - Standard Flood Insurance Policy F-122 / October 2015 - FEMA
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National Flood Insurance Program Dwelling Form Standard Flood Insurance Policy F-122 / October 2015
FEDERAL EMERGENCY MANAGEMENT AGENCY
FEDERAL INSURANCE ADMINISTRATION
STANDARD FLOOD INSURANCE POLICY
DWELLING FORM
PLEASE READ THE POLICY CAREFULLY. THE FLOOD INSURANCE PROVIDED IS SUBJECT TO LIMITATIONS,
RESTRICTIONS, AND EXCLUSIONS. THIS POLICY COVERS ONLY:
1. A NON-CONDOMINIUM RESIDENTIAL BUILDING DESIGNED FOR PRINCIPAL USE AS A DWELLING PLACE OF ONE
TO FOUR FAMILIES, OR
2. A SINGLE FAMILY DWELLING UNIT IN A CONDOMINIUM BUILDING.
I. AGREEMENT
The Federal Emergency Management Agency (FEMA)
provides flood insurance under the terms of the National
2. Comply with all terms and con
Flood Insurance Act of 1968 and its Amendments, and Title ditions of this policy; and
44 of the Code of Federal Regulations.
3. Have furnished accurate informa
We will pay you for direct physical tion and statements.
loss by or from flood to your insured
We have the right to review the information you give us at any
property if you: time and to revise your policy based on our review.
1. Have paid the correct premium;
II. DEFINITIONS
A. In this policy, “you” and “your” refer to the insured(s) B. The following are the other key definitions we use in
shown on the Declarations Page of this policy and your this policy:
spouse, if a resident of the same household. Insured(s)
includes: Any mortgagee and loss payee named in the 1. Act. The National Flood Insurance Act of 1968 and any
Application and Declarations Page, as well as any other amendments to it.
mortgagee or loss payee determined to exist at the time
of loss in the order of precedence. “We,” “us,” and “our” 2. Actual Cash Value. The cost to replace an insured item
refer to the insurer. of property at the time of loss, less the value of its physical
depreciation.
Some definitions are complex because they are provided
3. Application. The statement made and signed by you or
as they appear in the law or regulations, or result from court
your agent in applying for this policy. The application
cases. The precise definitions are intended to protect you.
gives information we use to determine the eligibility of the
Flood, as used in this flood insurance policy, means: risk, the kind of policy to be issued, and the correct
premium payment. The application is part of this flood
1. A general and temporary condition of partial or complete insurance policy. For us to issue you a policy, the correct
inundation of two or more acres of normally dry land area premium payment must accompany the application.
or of two or more properties (one of which is your
property) from: 4. Base Flood. A flood having a one percent chance of
being equaled or exceeded in any given year.
a. Overflow of inland or tidal waters,
5. Basement. Any area of the building, including any
b. Unusual and rapid accumulation or runoff of surface sunken room or sunken portion of a room, having its floor
waters from any source, below ground level (subgrade) on all sides.
c. Mudflow.
6. Building.
2. Collapse or subsidence of land along the shore of a
lake or similar body of water as a result of erosion or a. A structure with two or more outside rigid walls
undermining caused by waves or currents of water and a fully secured roof, that is affixed to a
exceeding anticipated cyclical levels that result in a flood permanent site;
as defined in A.1.a. above.
SFIP DWELLING FORM PAGE 1 OF 26b. A manufactured home (a “manufactured home,” 16. Expense Constant. A flat charge you must pay on each
also known as a mobile home, is a structure: built new or renewal policy to defray the expenses of the
on a permanent chassis, transported to its site in Federal Government related to flood insurance.
one or more sections, and affixed to a permanent
foundation); or 17. Federal Policy Fee. A flat charge you must pay on each
new or renewal policy to defray certain administrative
c. A travel trailer without wheels, built on a chassis and expenses incurred in carrying out the National Flood
affixed to a permanent foundation, that is regulated Insurance Program. This fee covers expenses not
under the community’s floodplain management and covered by the Expense Constant.
building ordinances or laws.
18. Improvements. Fixtures, alterations, installations, or
Building does not mean a gas or liquid storage tank or a additions comprising a part of the insured dwelling or the
recreational vehicle, park trailer or other similar vehicle, apartment in which you reside.
except as described in B.6.c. above.
19. Mudflow. A river of liquid and flowing mud on the surface
7. Cancellation. The ending of the insurance coverage of normally dry land areas, as when earth is carried by a
provided by this policy before the expiration date. current of water. Other earth movements, such as
landslide, slope failure, or a saturated soil mass moving
8. Condominium. That form of ownership of real property
by liquidity down a slope, are not mudflows.
in which each unit owner has an undivided interest in
common elements. 20. National Flood Insurance Program (NFIP). The
program of flood insurance coverage and floodplain
9. Condominium Association. The entity made up of the
management administered under the Act and applicable
unit owners responsible for the maintenance and
Federal regulations in Title 44 of the Code of Federal
operation of:
Regulations, Subchapter B.
a. Common elements owned in undivided shares by
21. Policy. The entire written contract between you and us.
unit owners; and
It includes:
b. Other real property in which the unit owners have
use rights; where membership in the entity is a a. This printed form;
required condition of unit ownership. b. The application and Declarations Page;
10. Declarations Page. A computer-generated summary of c. Any endorsement(s) that may be issued; and
information you provided in the application for insurance. d. Any renewal certificate indicating that coverage has
The Declarations Page also describes the term of the been instituted for a new policy and new policy term.
policy, limits of coverage, and displays the premium and
our name. The Declarations Page is a part of this flood
insurance policy. Only one dwelling, which you
11. Described Location. The location where the insured
specifically described in the
building(s) or personal property are found. The described application, may be insured under
location is shown on the Declarations Page.
this policy.
12.Direct Physical Loss By or From 22. Pollutants. Substances that include, but are not limited
to, any solid, liquid, gaseous, or thermal irritant or
Flood. Loss or damage to insured contaminant, including smoke, vapor, soot, fumes, acids,
property, directly caused by a alkalis, chemicals, and waste. “Waste” includes, but is
not limited to, materials to be recycled, reconditioned, or
flood. There must be evidence of reclaimed.
physical changes to the property. 23. Post-FIRM Building. A building for which construction
13. Dwelling. A building designed for use as a residence for or substantial improvement occurred after December 31,
no more than four families or a single-family unit in a 1974, or on or after the effective date of an initial Flood
building under a condominium form of ownership. Insurance Rate Map (FIRM), whichever is later.
14. Elevated Building. A building that has no basement and 24. Probation Premium. A flat charge you must pay on
that has its lowest elevated floor raised above ground each new or renewal policy issued covering property in a
level by foundation walls, shear walls, posts, piers, community the NFIP has placed on probation under the
pilings, or columns. provisions of 44 CFR 59.24.
15. Emergency Program. The initial phase of a community’s 25. Regular Program. The final phase of a community’s
participation in the National Flood Insurance Program. participation in the National Flood Insurance Program. In
During this phase, only limited amounts of insurance are this phase, a Flood Insurance Rate Map is in effect and
available under the Act. full limits of coverage are available under the Act.
SFIP DWELLING FORM PAGE 2 OF 2626. Special Flood Hazard Area. An area having special 27. Unit. A single-family unit you own in a condominium
flood or mudflow, and/or flood-related erosion hazards, building.
and shown on a Flood Hazard Boundary Map or Flood
Insurance Rate Map as Zone A, AO, A1–A30, AE, A99, 28. Valued Policy. A policy in which the insured and the
AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1–A30, insurer agree on the value of the property insured, that
V1–V30, VE, or V. value being payable in the event of a total loss. The
Standard Flood Insurance Policy is not a valued policy.
III. PROPERTY COVERED
A. COVERAGE A—BUILDING PROPERTY b. However, coverage does not
We insure against direct physical loss by or from flood to: apply until the building is walled
1. The dwelling at the described location, or for a period and roofed if the lowest floor,
of 45 days at another location as set forth in III.C.2.b., including the basement floor,
Property Removed to Safety.
of a non-elevated building or
2. Additions and extensions attached to and in contact with
the dwelling by means of a rigid exterior wall, a solid load-
the lowest elevated floor of an
bearing interior wall, a stairway, an elevated walkway, or a elevated building is:
roof. At your option, additions and extensions connected
by any of these methods may be separately insured.
Additions and extensions attached to and in contact with
(1) Below the base flood
the building by means of a common interior wall that is elevation in Zones AH, AE,
not a solid load-bearing wall are always considered part
of the dwelling and cannot be separately insured.
A1–A30, AR, AR/AE, AR/
AH, AR/A1–A30, AR/A, AR/
3. A detached garage at the described AO; or
location. Coverage is limited to
no more than 10% of the limit of (2) Below the base flood ele
liability on the dwelling. Use of vation adjusted to include
this insurance is at your option the effect of wave action in
but reduces the building limit Zones VE or V1–V30.
of liability. We do not cover any The lowest floor levels are based on the bottom of
the lowest horizontal structural member of the floor in
detached garage used or held for Zones VE or V1–V30 and the top of the floor in Zones
use for residential (i.e., dwelling), AH, AE, A1–A30, AR, AR/AE, AR/AH, AR/A1–A30,
AR/A, AR/AO.
business, or farming purposes.
4. Materials and supplies to be used for construction, 6. A manufactured home or a
alteration, or repair of the dwelling or a detached garage
while the materials and supplies are stored in a fully
travel trailer as described in the
enclosed building at the described location or on an Definitions section (see II.B.6.b.
adjacent property. and II.B.6.c.).
5. A building under construction, alteration, or repair at the
described location. If the manufactured home or travel
a. If the structure is not yet walled or roofed as trailer is in a special flood hazard
described in the definition for building (see II.B. 6.a.) area, it must be anchored in the
then coverage applies:
following manner at the time of
(1) Only while such work is in progress; or the loss:
(2) If such work is halted, only for a period of up to
90 continuous days thereafter. a. By over-the-top or frame ties to
ground anchors; or
SFIP DWELLING FORM PAGE 3 OF 26b. In accordance with the manu a. Any of the following items, if
facturer’s specifications; or installed in their functioning
locations and, if necessary
c. In compliance with the commu for operation, connected to a
nity’s floodplain management power source:
requirements unless it has
been continuously insured by (1) Central air conditioners;
the NFIP at the same described
(2) Cisterns and the water
location since September
in them;
30, 1982.
7. The following items of property which are covered under (3) Drywall for walls and
Coverage A only: ceilings in a basement and
a. Awnings and canopies; the cost of labor to nail it,
b. Blinds; unfinished and unfloated
c. Built-in dishwashers; and not taped, to the
d. Built-in microwave ovens; framing;
e. Carpet permanently installed over unfinished
flooring; (4) Electrical junction and
f. Central air conditioners;
circuit breaker boxes;
g. Elevator equipment;
h. Fire sprinkler systems; (5) Electrical outlets and
i. Walk-in freezers; switches;
j. Furnaces and radiators;
k. Garbage disposal units; (6) Elevators, dumbwaiters,
l. Hot water heaters, including solar water heaters; and related equipment,
m. Light fixtures; except for related equip
n. Outdoor antennas and aerials fastened to buildings; ment installed below the
o. Permanently installed cupboards, bookcases, base flood elevation after
cabinets, paneling, and wallpaper;
September 30, 1987;
p. Plumbing fixtures;
q. Pumps and machinery for operating pumps; (7) Fuel tanks and the fuel
r. Ranges, cooking stoves, and ovens; in them;
s. Refrigerators; and
t. Wall mirrors, permanently installed. (8) Furnaces and hot water
heaters;
8. Items of property in a building
enclosure below the lowest (9) Heat pumps;
elevated floor of an elevated post- (10) Nonflammable insulation
FIRM building located in Zones in a basement;
A1–A30, AE, AH, AR, AR/A, AR/AE,
AR/AH, AR/A1–A30, V1–V30, or (11) Pumps and tanks used in
VE, or in a basement, regardless solar energy systems;
of the zone. Coverage is limited to
(12) Stairways and staircases
the following:
attached to the building,
SFIP DWELLING FORM PAGE 4 OF 26not separated from it by Personal property in a building
elevated walkways; that is not fully enclosed must be
secured to prevent flotation out of
(13) Sump pumps; the building. If the personal prop
(14) Water softeners and the erty does float out during a flood,
chemicals in them, water it will be conclusively presumed
filters, and faucets installed that it was not reasonably secured.
as an integral part of the In that case there is no coverage
plumbing system; for such property.
2. Coverage for personal property includes the following
(15) Well water tanks and property, subject to B.1. above, which is covered under
pumps; Coverage B only:
a. Air conditioning units, portable or window type;
(16) Required utility connections b. Carpets, not permanently installed, over unfinished
for any item in this list; and flooring;
c. Carpets over finished flooring;
(17) Footings, foundations, d. Clothes washers and dryers;
posts, pilings, piers, or e. “Cook-out” grills;
other foundation walls f. Food freezers, other than walk-in, and food in any
and anchorage systems freezer; and
required to support a g. Portable microwave
dishwashers.
ovens and portable
building.
b. Clean-up. 3. Coverage for items of property
in a building enclosure below the
B. COVERAGE B—PERSONAL PROPERTY
lowest elevated floor of an ele
1. If you have purchased personal vated post-FIRM building located
property coverage, we insure in Zones A1–A30, AE, AH, AR,
against direct physical loss by or AR/A, AR/AE, AR/AH, AR/A1–A30,
from flood to personal property V1–V30, or VE, or in a basement,
inside a building at the described regardless of the zone, is limited
location, if: to the following items, if installed
in their functioning locations and,
a. The property is owned by if necessary for operation, con
you or your household family nected to a power source:
members; and
a. Air conditioning units, portable
b. At your option, the property is or window type;
owned by guests or servants.
b. Clothes washers and dryers;
Personal property is also covered and
for a period of 45 days at another
location as set forth in III.C.2.b., c. Food freezers, other than
Property Removed to Safety. walk-in, and food in any freezer.
4. If you are a tenant and have insured personal property
under Coverage B in this policy, we will cover such
SFIP DWELLING FORM PAGE 5 OF 26property, including your cooking stove or range and d. Furs or any article containing
The policy will also cover
refrigerator. fur which represents its
improvements made or acquired principal value; or
solely at your expense in the
dwelling or apartment in which e. Personal property used in
you reside, but for not more than any business.
10% of the limit of liability shown 7. We will pay only for the functional
for personal property on the value of antiques.
Declarations Page. Use of this
insurance is at your option but C. COVERAGE C—OTHER COVERAGES
reduces the personal property 1. Debris Removal
limit of liability. a. We will pay the expense to remove non-owned
debris that is on or in insured property and debris of
5. If you are the owner of a unit and insured property anywhere.
have insured personal property b. If you or a member of your household perform the
under Coverage B in this policy, removal work, the value of your work will be based
on the Federal minimum wage.
we will also cover your interior
walls, floor, and ceiling (not c. This coverage does not increase the Coverage A or
Coverage B limit of liability.
otherwise covered under a flood
2. Loss Avoidance Measures
insurance policy purchased by
your condominium association) a. Sandbags, Supplies, and Labor
for not more than 10% of the limit
(1) We will pay up to $1,000 for
of liability shown for personal
costs you incur to protect
property on the Declarations Page.
the insured building from a
Use of this insurance is at your
flood or imminent danger of
option but reduces the personal
flood, for the following:
property limit of liability.
(a) Your reasonable expenses
6. Special Limits. We will pay no more
to buy:
than $2,500 for any one loss to one
or more of the following kinds of (i) Sandbags, including sand to fill
them;
personal property:
(ii) Fill for temporary levees;
a. Artwork, photographs, collect (iii) Pumps; and
ibles, or memorabilia, including
(iv) Plastic sheeting and lumber used in
but not limited to, porcelain or connection with these items.
other figures, and sports cards; (b) The value of work, at the Federal
minimum wage, that you or a member of
b. Rare books or autographed your household perform.
items; (2) This coverage for Sandbags, Supplies and
Labor only applies if damage to insured
c. Jewelry, watches, precious and property by or from flood is imminent and the
semi-precious stones, or arti threat of flood damage is apparent enough
to lead a person of common prudence to
cles of gold, silver, or platinum; anticipate flood damage. One of the following
must also occur:
SFIP DWELLING FORM PAGE 6 OF 26(a) A general and temporary condition of
flooding in the area near the described
described in II.6.b. and
location must occur, even if the flood c., must be placed above
does not reach the building; or ground level or outside of
(b) A legally authorized official must issue the special flood hazard
an evacuation order or other civil order
for the community in which the building is area.
located calling for measures to preserve
This coverage does not increase the
life and property from the peril of flood.
Coverage A or Coverage B limit of liability.
This coverage does not increase the Coverage
3. Condominium Loss Assessments
A or Coverage B limit of liability.
a. If this policy insures a unit, we will pay, up to
b. Property Removed to Safety
the Coverage A limit of liability, your share of
loss assessments charged against you by the
(1) We will pay up to $1,000 for condominium association in accordance with the
the reasonable expenses condominium association’s articles of association,
declarations and your deed.
you incur to move insured
property to a place other The assessment must be made
than the described location as a result of direct physical
that contains the property loss by or from flood during the
in order to protect it from policy term, to the building’s
flood or the imminent common elements.
danger of flood.
b. We will not pay any loss
Reasonable expenses include the value of
work, at the Federal minimum wage, you or a
assessment charged against
member of your household perform. you:
(2) If you move insured prop (1) And the condominium
erty to a location other association by any govern
than the described location mental body;
that contains the property,
(2) That results from a
in order to protect it from
deductible under the insur
flood or the imminent dan
ance purchased by the
ger of flood, we will cover
condominium association
such property while at that
insuring common elements;
location for a period of 45
consecutive days from the (3) That results from a loss to
date you begin to move it personal property, including
there. The personal prop contents of a condominium
erty that is moved must be building;
placed in a fully enclosed
building or otherwise (4) That results from a loss sus
reasonably protected from tained by the condominium
the elements. association that was not
reimbursed under a flood
Any property removed, insurance policy written
including a moveable home in the name of the
SFIP DWELLING FORM PAGE 7 OF 26association under the Act damage. Compliance activities eligible for payment are:
elevation, floodproofing, relocation, or demolition (or
because the building was any combination of these activities) of your structure.
not, at the time of loss, Eligible floodproofing activities
insured for an amount are limited to:
equal to the lesser of:
a. Non-residential structures.
(a) 80% or more of its full
replacement cost; or b. Residential structures with
basements that satisfy FEMA’s
(b) The maximum amount standards published in the
of insurance permitted Code of Federal Regulations [44
under the Act; CFR 60.6 (b) or (c)].
(5) To the extent that payment 2. Limit of Liability
under this policy for a con We will pay you up to $30,000
dominium building loss, in under this Coverage D—Increased
combination with payments Cost of Compliance, which only
under any other NFIP poli applies to policies with building
cies for the same building coverage (Coverage A). Our pay
loss, exceeds the maximum ment of claims under Coverage
amount of insurance per D is in addition to the amount of
mitted under the Act for coverage which you selected on
that kind of building; or the application and which appears
(6) To the extent that pay on the Declarations Page. But the
ment under this policy for maximum you can collect under
a condominium building this policy for both Coverage A—
loss, in combination with Building Property and Coverage
any recovery available to D—Increased Cost of Compliance
you as a tenant in common cannot exceed the maximum per
under any NFIP condomin mitted under the Act. We do not charge a
separate deductible for a claim under Coverage D.
ium association policies
3. Eligibility
for the same building loss,
exceeds the amount of a. A structure covered under
insurance permitted under Coverage A—Building Property
the Act for a single-family sustaining a loss caused by
dwelling. a flood as defined by this
Loss assessment coverage does not increase the policy must:
Coverage A limit of liability.
(1) Be a “repetitive loss
D. COVERAGE D—INCREASED COST OF COMPLIANCE
structure.” A repetitive loss structure
1. General is one that meets the following conditions:
This policy pays you to comply with a State or local (a) The structure is covered by a contract of
floodplain management law or ordinance affecting flood insurance issued under the NFIP.
repair or reconstruction of a structure suffering flood
SFIP DWELLING FORM PAGE 8 OF 26(b) The structure has suffered flood damage flood elevation.) Increased
Cost of
on two occasions during a 10-year period
which ends on the date of the second loss. Compliance coverage does
(c) The cost to repair the flood damage, on
not apply to situations in
average, equaled or exceeded 25% of the B, C, X, or D zones where
market value of the structure at the time of
each flood loss. the community has derived
its own elevations and
(d) In addition to the current claim, the NFIP
must have paid the previous qualifying is enforcing elevation or
claim, and the State or community must floodproofing requirements
have a cumulative, substantial damage
provision or repetitive loss provision in its for flood-damaged struc
floodplain management law or ordinance
being enforced against the structure; or
tures to elevations derived
solely by the community.
(2) Be a structure that has had
flood damage in which the (3) Elevation or floodproofing
cost to repair equals or above the base flood eleva
exceeds 50% of the market tion to meet State or local
value of the structure at the “freeboard” requirements,
time of the flood. The State or i.e., that a structure must
community must have a substantial damage be elevated above the base
provision in its floodplain management law
or ordinance being enforced against the
flood elevation.
structure. c. Under the minimum NFIP criteria at 44 CFR
60.3 (b)(4), States and communities must require
b. This Coverage D pays you to comply with State or the elevation or floodproofing of structures in
local floodplain management laws or ordinances unnumbered A zones to the base flood elevation
that meet the minimum standards of the National where elevation data is obtained from a Federal,
Flood Insurance Program found in the Code of State, or other source. Such compliance activities
We pay
Federal Regulations at 44 CFR 60.3. are also eligible for Coverage D.
for compliance activities that d. This coverage will also pay for the incremental
exceed those standards under cost, after demolition or relocation, of elevating
or floodproofing a structure during its rebuilding
these conditions: at the same or another site to meet State or local
floodplain management laws or ordinances, subject
(1) 3.a.(1) above. to Exclusion D.5.g. below.
e. This coverage will also pay to bring a flood-
(2) Elevation or floodproofing damaged structure into compliance with state or
in any risk zone to pre local floodplain management laws or ordinances
even if the structure had received a variance before
liminary or advisory base the present loss from the applicable floodplain
flood elevations provided management requirements.
by FEMA which the State 4. Conditions
or local government has
adopted and is enforcing a. When a structure covered
for flood-damaged struc under Coverage A—Building
tures in such areas. (This Property sustains a loss caused
includes compliance activities in B, C, X, by a flood, our payment for
or D zones which are being changed to
zones with base flood elevations. This also
the loss under this Coverage
includes compliance activities in zones D will be for the increased
where base flood elevations are being
increased, and a flood-damaged structure
cost to elevate, floodproof,
must comply with the higher advisory base relocate, or demolish (or any
SFIP DWELLING FORM PAGE 9 OF 26combination of these activities) way respond to, or assess the
caused by the enforcement of effects of pollutants.
current State or local floodplain
c. The loss in value to any insured
management ordinances or
building or other structure due
laws. Our payment for eligible
to the requirements of any
demolition activities will be for
ordinance or law.
the cost to demolish and clear
the site of the building debris or d. The loss in residual value of the
a portion thereof caused by the undamaged portion of a building
enforcement of current State or demolished as a consequence
local floodplain management of enforcement of any State or
ordinances or laws. Eligible local floodplain management
activities for the cost of law or ordinance.
clearing the site will include
those necessary to discontinue e. Any Increased Cost of Com-
utility service to the site and pliance under this Coverage D:
ensure proper abandonment of (1) Until the building is elevated,
on-site utilities. floodproofed, demolished,
b. When the building is repaired or relocated on the same or
or rebuilt, it must be intended to another premises; and
for the same occupancy as (2) Unless the building is
the present building unless elevated, floodproofed,
otherwise required by current demolished, or relocated as
floodplain management ordi soon as reasonably possible
nances or laws. after the loss, not to exceed
5. Exclusions two years.
Under this Coverage D (Increased f. Any code upgrade require
Cost of Compliance) we will not ments, e.g., plumbing or
pay for: electrical wiring, not specifi
cally related to the State or local
a. The cost to comply with any
floodplain management law or
floodplain management law
ordinance.
or ordinance in communities
participating in the Emergency g. Any compliance activities
Program. needed to bring additions
or improvements made after
b. The cost associated with
the loss occurred into com
enforcement of any ordinance
pliance with State or local
or law that requires any insured
floodplain management laws or
or others to test for, monitor,
ordinances.
clean up, remove, contain, treat,
detoxify or neutralize, or in any
SFIP DWELLING FORM PAGE 10 OF 26h. Loss due to any ordinance k. Any structure insured under an
or law that you were required NFIP Group Flood Insurance
to comply with before the Policy.
current loss.
l. Assessments made by a con
i. Any rebuilding activity to dominium association on
standards that do not meet the individual condominium unit
NFIP’s minimum requirements. owners to pay increased costs
This includes any situation of repairing commonly owned
where the insured has received buildings after a flood in com
from the State or community a pliance with State or local
variance in connection with the floodplain management ordi
current flood loss to rebuild the nances or laws.
property to an elevation below 6. Other Provisions
the base flood elevation. a. Increased Cost of Compliance coverage will not be
included in the calculation to determine whether
j. Increased Cost of Compliance coverage meets the 80% insurance-to-value
for a garage or carport. requirement for replacement cost coverage as set
forth in VII. General Conditions, V. Loss Settlement.
b. All other conditions and provisions of the policy
apply.
IV. PROPERTY NOT COVERED
We do not cover any of the following: Definitions section (see II.B.6.c.)
whether affixed to a permanent
1. Personal property not inside a
foundation or on wheels;
building;
5. Self-propelled vehicles or
2. A building, and personal property
machines, including their parts
in it, located entirely in, on, or
and equipment. However, we do
over water or seaward of mean
cover self-propelled vehicles or
high tide if it was constructed
machines not licensed for use on
or substantially improved after
public roads that are:
September 30, 1982;
a. Used mainly to service the
3. Open structures, including a
described location or
building used as a boathouse
or any structure or building into b. Designed and used to assist
which boats are floated, and handicapped persons, while the
personal property located in, on, vehicles or machines are inside
or over water; a building at the described
location;
4. Recreational vehicles other than
travel trailers described in the
SFIP DWELLING FORM PAGE 11 OF 266. Land, land values, lawns, trees, level is at or above the base flood
shrubs, plants, growing crops, or elevation and is below ground
animals; by reason of earth having been
used as insulation material in
7. Accounts, bills, coins, currency,
conjunction with energy efficient
deeds, evidences of debt, med
building techniques;
als, money, scrip, stored value
cards, postage stamps, securities, 12. Fences, retaining walls, seawalls,
bullion, manuscripts, or other valu bulkheads, wharves, piers,
able papers; bridges, and docks;
8. Underground structures and 13. Aircraft or watercraft, or their
equipment, including wells, septic furnishings and equipment;
tanks, and septic systems;
14. Hot tubs and spas that are not
9. Those portions of walks, walkways, bathroom fixtures, and swimming
decks, driveways, patios and other pools, and their equipment, such
surfaces, all whether protected by as, but not limited to, heaters,
a roof or not, located outside the filters, pumps, and pipes, wherever
perimeter, exterior walls of the located;
insured building or the building in
15. Property not eligible for flood
which the insured unit is located;
insurance pursuant to the pro
10. Containers, including related visions of the Coastal Barrier
equipment, such as, but not lim Resources Act and the Coastal
ited to, tanks containing gases Barrier Improvement Act and
or liquids; amendments to these Acts;
11. Buildings or units and all their 16. Personal property you own in
contents if more than 49% of the common with other unit owners
actual cash value of the building is comprising the membership of a
below ground, unless the lowest condominium association.
V. EXCLUSIONS
A. We only pay for direct physical loss 4. Loss from interruption of business
by or from flood, which means that or production;
we do not pay you for:
5. Any additional living expenses
1. Loss of revenue or profits; incurred while the insured building
is being repaired or is unable to be
2. Loss of access to the insured
occupied for any reason;
property or described location;
6. The cost of complying with any
3. Loss of use of the insured property
ordinance or law requiring or
or described location;
SFIP DWELLING FORM PAGE 12 OF 26regulating the construction, demo D. We do not insure for direct physical
lition, remodeling, renovation, loss caused directly or indirectly
or repair of property, including by any of the following:
removal of any resulting debris.
1. The pressure or weight of ice;
This exclusion does not apply to
any eligible activities we describe 2. Freezing or thawing;
in Coverage D—Increased Cost of
3. Rain, snow, sleet, hail, or water
Compliance; or
spray;
7. Any other economic loss you
4. Water, moisture, mildew, or mold
suffer.
damage that results primarily from
B. We do not insure a loss directly or any condition:
indirectly caused by a flood that
a. Substantially confined to the
is already in progress at the time
dwelling; or
and date:
1. The policy term begins; or b. That is within your control,
including but not limited to:
2. Coverage is added at your request.
(1) Design, structural, or
C. We do not insure for loss to prop mechanical defects;
erty caused directly by earth
movement even if the earth move (2) Failure, stoppage, or break
ment is caused by flood. Some age of water or sewer lines,
examples of earth movement that drains, pumps, fixtures, or
we do not cover are: equipment; or
1. Earthquake; (3) Failure to inspect and main
tain the property after a
2. Landslide;
flood recedes;
3. Land subsidence;
5. Water or water-borne material that:
4. Sinkholes;
5. Destabilization or movement of a. Backs up through sewers or
land that results from accumula drains;
tion of water in subsurface land b. Discharges or overflows from
area; or a sump, sump pump or related
6. Gradual erosion. equipment; or
We do, however, pay for losses c. Seeps or leaks on or through
from mudflow and land subsid the covered property;
ence as a result of erosion that are
unless there is a flood in the area
specifically covered under our def
and the flood is the proximate
inition of flood (see II.A.1.c. and
cause of the sewer or drain backup,
II.A.2.).
SFIP DWELLING FORM PAGE 13 OF 26sump pump discharge or overflow, to do to deliberately cause loss by
or the seepage of water; flood; or
6. The pressure or weight of water 10. Alteration of the insured property
unless there is a flood in the area that significantly increases the
and the flood is the proximate risk of flooding.
cause of the damage from the
pressure or weight of water; E. We do not insure for loss to any
building or personal property
7. Power, heating, or cooling failure located on land leased from the
unless the failure results from Federal Government, arising from
direct physical loss by or from or incident to the flooding of the
flood to power, heating, or cooling land by the Federal Government,
equipment on the described where the lease expressly holds
location; the Federal Government harmless
under flood insurance issued
8. Theft, fire, explosion, wind, or
under any Federal Government
windstorm;
program.
9. Anything you or any member of
F. We do not pay for the testing for
your household do or conspires
or monitoring of pollutants unless
required by law or ordinance.
VI. DEDUCTIBLES
A. When a loss is covered under this policy, we will pay only
that part of the loss that exceeds your deductible amount,
times the deductible that would
subject to the limit of liability that applies. The deductible otherwise apply to a completed
amount is shown on the Declarations Page.
building.
However, when a building under B. In each loss from flood, separate deductibles apply to the
construction, alteration, or repair building and personal property insured by this policy.
does not have at least two rigid C. The deductible does NOT apply to:
exterior walls and a fully secured 1. III.C.2. Loss Avoidance Measures;
roof at the time of loss, your 2. III.C.3. Condominium Loss Assessments; or
deductible amount will be two 3. III.D. Increased Cost of Compliance.
VII. GENERAL CONDITIONS
A. PAIR AND SET CLAUSE 2. The amount that represents the fair proportion of the
total value of the pair or set that the lost, damaged, or
In case of loss to an article that is part of a pair or set, we will destroyed article bears to the pair or set.
have the option of paying you:
B. CONCEALMENT OR FRAUD AND POLICY VOIDANCE
1. An amount equal to the cost of replacing the lost,
damaged, or destroyed article, minus its depreciation, or 1. With respect to all insureds under
this policy, this policy:
SFIP DWELLING FORM PAGE 14 OF 26a. Is void; C. OTHER INSURANCE
b. Has no legal force or effect; 1. If a loss covered by this policy is
also covered by other insurance
c. Cannot be renewed; and that includes flood coverage not
d. Cannot be replaced by a new issued under the Act, we will
NFIP policy, if, before or after a not pay more than the amount
loss, you or any other insured of insurance you are entitled to
or your agent have at any time: for lost, damaged, or destroyed
property insured under this policy
(1) Intentionally concealed or subject to the following:
misrepresented any mate
rial fact or circumstance; a. We will pay only the proportion
of the loss that the amount of
(2) Engaged in fraudulent insurance that applies under this
conduct; or policy bears to the total amount
of insurance covering the loss,
(3) Made false statements;
unless C.1.b. or c. immediately
relating to this policy or any
below applies.
other NFIP insurance.
2. This policy will be void as of the date wrongful acts b. If the other policy has a
described in B.1. above were committed. provision stating that it is
3. Fines, civil penalties, and imprisonment under applicable excess insurance, this policy
Federal laws may also apply to the acts of fraud or
concealment described above. will be primary.
4. This policy is also void for c. This policy will be primary (but
reasons other than fraud, subject to its own deductible)
misrepresentation, or wrongful up to the deductible in the
act. This policy is void from its other flood policy (except
inception and has no legal force another policy as described in
under the following conditions: C.1.b. above). When the other
deductible amount is reached,
a. If the property is located in this policy will participate in
a community that was not the same proportion that the
participating in the NFIP on the amount of insurance under
policy’s inception date and did this policy bears to the total
not join or reenter the program amount of both policies, for the
during the policy term and remainder of the loss.
before the loss occurred; or
2. If there is other insurance in
b. If the property listed on the the name of your condominium
application is otherwise not association covering the same
eligible for coverage under the property covered by this policy,
NFIP.
SFIP DWELLING FORM PAGE 15 OF 26then this policy will be in excess coverage, we will send
over the other insurance. you and any mortgagee or
D. AMENDMENTS, WAIVERS, ASSIGNMENT
trustee known to us a bill
for the required additional
This policy cannot be changed nor can any of its provisions
be waived without the express written consent of the Federal premium for the current
Insurance Administrator. No action we take under the terms policy term (or that portion
of this policy constitutes a waiver of any of our rights. You
may assign this policy in writing when you transfer title of your of the current policy term
property to someone else except under these conditions: following any endorsement
1. When this policy covers only personal property; or changing the amount of
2. When this policy covers a structure during the course of coverage). If you or the
construction. mortgagee or trustee pay
E. CANCELLATION OF THE POLICY BY YOU the additional premium
within 30 days from the date
1. You may cancel this policy in accordance with the
applicable rules and regulations of the NFIP. of our bill, we will reform
2. If you cancel this policy, you may be entitled to a full or
the policy to increase the
partial refund of premium also under the applicable rules amount of coverage to the
and regulations of the NFIP.
originally requested amount
F. NON-RENEWAL OF THE POLICY BY US effective to the beginning
Your policy will not be renewed: of the current policy term
1. If the community where your covered property is located
(or subsequent date of any
stops participating in the NFIP, or endorsement changing the
2. If your building has been declared ineligible under Section amount of coverage).
1316 of the Act.
(2) If we determine before you
G. REDUCTION AND REFORMATION OF COVERAGE
have a flood loss that the
1. If the premium we received from rating information we have
you was not enough to buy the is incomplete and prevents
kind and amount of coverage you us from calculating the
requested, we will provide only additional premium, we
the amount of coverage that can will ask you to send the
be purchased for the premium required information.
payment we received. You must submit the
information within 60 days
2. The policy can be reformed to increase the amount of
coverage resulting from the reduction described in G.1. of our request. Once we
above to the amount you requested as follows: determine the amount of
a. Discovery of Insufficient Premium or Incomplete additional premium for the
Rating Information Before a Loss:
current policy term, we will
(1) If we discover before you follow the procedure in
have a flood loss that G.2.a.(1) above.
your premium payment (3) If we do not receive the
was not enough to buy additional premium (or
the requested amount of additional information) by
SFIP DWELLING FORM PAGE 16 OF 26the date it is due, the amount and prior policy terms, we
of coverage can only be will follow the procedure in
increased by endorsement G.2.b.(1) above.
subject to any appropriate
(3) If we do not receive the
waiting period.
additional premium by
b. Discovery of Insufficient Premium or Incomplete
Rating Information After a Loss:
the date it is due, your
flood insurance claim
(1) If we discover after you will be settled based on
have a flood loss that the reduced amount of
your premium payment coverage. The amount
was not enough to buy of coverage can only be
the requested amount of increased by endorsement
coverage, we will send subject to any appropriate
you and any mortgagee or waiting period.
trustee known to us a bill
for the required additional 3. However, if we find that you or
premium for the current your agent intentionally did not
and the prior policy terms. tell us, or falsified, any important
If you or the mortgagee or fact or circumstance or did
trustee pay the additional anything fraudulent relating to
premium within 30 days this insurance, the provisions
of the date of our bill, we of Condition B. Concealment or
will reform the policy to Fraud and Policy Voidance apply.
increase the amount of H. POLICY RENEWAL
coverage to the originally 1. This policy will expire at 12:01 a.m. on the last day of the
requested amount effective policy term.
to the beginning of the prior 2. We must receive the payment of the appropriate renewal
policy term. premium within 30 days of the expiration date.
3. If we find, however, that we did not place your renewal
(2) If we discover after you notice into the U.S. Postal Service, or if we did mail it, we
have a flood loss that the made a mistake, e.g., we used an incorrect, incomplete,
or illegible address, which delayed its delivery to you
rating information we have before the due date for the renewal premium, then we will
follow these procedures:
is incomplete and prevents
us from calculating the a. If you or your agent notified us, not later than 1 year
after the date on which the payment of the renewal
additional premium, we will premium was due, of non-receipt of a renewal
ask you to send the required notice before the due date for the renewal premium,
and we determine that the circumstances in the
information. You must preceding paragraph apply, we will mail a second
submit the information bill providing a revised due date, which will be 30
days after the date on which the bill is mailed.
before your claim can be
b. If we do not receive the premium requested in the
paid. Once we determine second bill by the revised due date, then we will not
the amount of additional renew the policy. In that case, the policy will remain
an expired policy as of the expiration date shown on
premium for the current the Declarations Page.
SFIP DWELLING FORM PAGE 17 OF 264. In connection with the renewal of this policy, we
may ask you during the policy term to recertify, on a
any, of others in the damaged
Recertification Questionnaire we will provide to you, property;
the rating information used to rate your most recent
application for or renewal of insurance. d. Details of any other insurance
I. CONDITIONS SUSPENDING OR RESTRICTING that may cover the loss;
INSURANCE
e. Changes in title or occupancy
We are not liable for loss that of the covered property during
occurs while there is a hazard that is the term of the policy;
increased by any means within your
control or knowledge. f. Specifications of damaged
buildings and detailed repair
J. REQUIREMENTS IN CASE OF LOSS
estimates;
In case of a flood loss to insured g. Names of mortgagees or anyone
property, you must: else having a lien, charge,
1. Give prompt written notice to us; or claim against the insured
property;
2. As soon as reasonably possible,
separate the damaged and h. Details about who occupied any
undamaged property, putting it in insured building at the time of
the best possible order so that we loss and for what purpose; and
may examine it; i. The inventory of damaged
3. Prepare an inventory of damaged personal property described in
property showing the quantity, J.3. above.
description, actual cash value, and 5. In completing the proof of loss,
amount of loss. Attach all bills, you must use your own judgment
receipts, and related documents; concerning the amount of loss and
4. Within 60 days after the loss, send justify that amount.
us a proof of loss, which is your 6. You must cooperate with the
statement of the amount you are adjuster or representative in the
claiming under the policy signed investigation of the claim.
and sworn to by you, and which
furnishes us with the following 7. The insurance adjuster whom we
information: hire to investigate your claim may
furnish you with a proof of loss
a. The date and time of loss; form, and she or he may help you
b. A brief explanation of how the complete it. However, this is a
loss happened; matter of courtesy only, and you
must still send us a proof of loss
c. Your interest (for example, within 60 days after the loss even
“owner”) and the interest, if if the adjuster does not furnish the
form or help you complete it.
SFIP DWELLING FORM PAGE 18 OF 268. We have not authorized the adjuster Association or Incorpo
to approve or disapprove claims or ration, Bylaws, rules and
to tell you whether we will approve regulations, and other rel
your claim. evant documents if you are
a unit owner in a condomin
9. At our option, we may accept
ium building; and
the adjuster’s report of the loss
instead of your proof of loss. (3) All books of accounts, bills,
The adjuster’s report will include invoices and other vouch
information about your loss and ers, or certified copies
the damages you sustained. You pertaining to the damaged
must sign the adjuster’s report. At property if the originals
our option, we may require you to are lost.
swear to the report.
2. We may request, in writing, that
K. OUR OPTIONS AFTER A LOSS
you furnish us with a complete
Options we may, in our sole inventory of the lost, damaged or
discretion, exercise after loss include destroyed property, including:
the following: a. Quantities and costs;
1. At such reasonable times and b. Actual cash values or replace
places that we may designate, ment cost (whichever is
you must: appropriate);
a. Show us or our representative c. Amounts of loss claimed;
the damaged property;
d. Any written plans and specifica
b. Submit to examination under tions for repair of the damaged
oath, while not in the presence property that you can reason
of another insured, and sign the ably make available to us; and
same; and
e. Evidence that prior flood
c. Permit us to examine and make damage has been repaired.
extracts and copies of:
3. If we give you written notice
(1) Any policies of property within 30 days after we receive
insurance insuring you your signed, sworn proof of loss,
against loss and the deed we may:
establishing your ownership
of the insured real property; a. Repair, rebuild, or replace
any part of the lost, damaged,
(2) Condominium association or destroyed property with
documents including the material or property of like kind
Declarations of the con and quality or its functional
dominium, its Articles of equivalent; and
SFIP DWELLING FORM PAGE 19 OF 26b. Take all or any part of the choice be made by a judge of a court of record in the State
where the covered property is located. The appraisers will
damaged property at the value separately state the actual cash value, the replacement cost,
that we agree upon or its and the amount of loss to each item. If the appraisers submit a
written report of an agreement to us, the amount agreed upon
appraised value. will be the amount of loss. If they fail to agree, they will submit
their differences to the umpire. A decision agreed to by any
L. NO BENEFIT TO BAILEE two will set the amount of actual cash value and loss, or if it
applies, the replacement cost and loss.
No person or organization, other than you, having custody of
covered property will benefit from this insurance. Each party will:
1. Pay its own appraiser; and
M. LOSS PAYMENT
2. Bear the other expenses of the appraisal and
1. We will adjust all losses with you. We will pay you unless umpire equally.
some other person or entity is named in the policy or is
legally entitled to receive payment. Loss will be payable Q. MORTGAGE CLAUSE
60 days after we receive your proof of loss (or within
90 days after the insurance adjuster files the adjuster’s The word “mortgagee” includes trustee.
report signed and sworn to by you in lieu of a proof of
loss) and: Any loss payable under Coverage A—Building Property will
be paid to any mortgagee of whom we have actual notice, as
a. We reach an agreement with you; well as any other mortgagee or loss payee determined to exist
at the time of loss, and you, as interests appear. If more than
b. There is an entry of a final judgment; or
one mortgagee is named, the order of payment will be the
c. There is a filing of an appraisal award with us, as same as the order of precedence of the mortgages.
provided in VII.P. If we deny your claim, that denial will not apply to a valid claim
of the mortgagee, if the mortgagee:
2. If we reject your proof of loss in whole or in part you may:
1. Notifies us of any change in the ownership or occupancy,
a. Accept our denial of your claim;
or substantial change in risk of which the mortgagee
b. Exercise your rights under this policy; or is aware;
c. File an amended proof of loss as long as it is filed 2. Pays any premium due under this policy on demand if
within 60 days of the date of the loss. you have neglected to pay the premium; and
3. Submits a signed, sworn proof of loss within 60 days after
N. ABANDONMENT receiving notice from us of your failure to do so.
You may not abandon to us damaged or undamaged property All of the terms of this policy apply to the mortgagee.
insured under this policy.
The mortgagee has the right to receive loss payment even
O. SALVAGE if the mortgagee has started foreclosure or similar action on
the building.
We may permit you to keep damaged If we decide to cancel or not renew this policy, it will continue
property insured under this policy in effect for the benefit of the mortgagee only for 30 days after
we notify the mortgagee of the cancellation or non-renewal.
after a loss, and we will reduce the
If we pay the mortgagee for any loss and deny payment to
amount of the loss proceeds payable you, we are subrogated to all the rights of the mortgagee
to you under the policy by the value granted under the mortgage on the property. Subrogation
will not impair the right of the mortgagee to recover the full
of the salvage. amount of the mortgagee’s claim.
P. APPRAISAL R. SUIT AGAINST US
If you and we fail to agree on the actual cash value or, if You may not sue us to recover money under this policy unless
applicable, replacement cost of your damaged property you have complied with all the requirements of the policy. If
to settle upon the amount of loss, then either may demand you do sue, you must start the suit within 1 year after the date
an appraisal of the loss. In this event, you and we will each of the written denial of all or part of the claim, and you must
choose a competent and impartial appraiser within 20 days file the suit in the United States District Court of the district in
after receiving a written request from the other. The two which the covered property was located at the time of loss.
appraisers will choose an umpire. If they cannot agree upon This requirement applies to any claim that you may have
an umpire within 15 days, you or we may request that the
SFIP DWELLING FORM PAGE 20 OF 26under this policy and to any dispute that you may have arising not been continuously inundated for 90 days, subject to
out of the handling of any claim under the policy. the following conditions:
S. SUBROGATION a. Lake flood waters must damage
Whenever we make a payment for a loss under this policy, or imminently threaten to dam
we are subrogated to your right to recover for that loss from
any other person. That means that your right to recover for
age your building.
a loss that was partly or totally caused by someone else is
automatically transferred to us, to the extent that we have b. Before approval of your claim,
paid you for the loss. We may require you to acknowledge this you must:
transfer in writing. After the loss, you may not give up our right
to recover this money or do anything that would prevent us
from recovering it. If you make any claim against any person (1) Agree to a claim payment
who caused your loss and recover any money, you must pay that reflects your buying
us back first before you may keep any of that money.
back the salvage on a
T. CONTINUOUS LAKE FLOODING negotiated basis; and
1. If an insured building has been flooded by rising lake
waters continuously for 90 days or more and it appears (2) Grant the conservation
reasonably certain that a continuation of this flooding will easement described in
result in a covered loss to the insured building equal to or
greater than the building policy limits plus the deductible FEMA’s “Policy Guidance
or the maximum payable under the policy for any one for Closed Basin Lakes” to
building loss, we will pay you the lesser of these two
amounts without waiting for the further damage to occur be recorded in the office
if you sign a release agreeing: of the local recorder of
a. To make no further claim under this policy; deeds. FEMA, in consultation with the
community in which the property is located,
b. Not to seek renewal of this policy; will identify on a map an area or areas
of special consideration (ASC) in which
c. Not to apply for any flood insurance under the Act there is a potential for flood damage from
for property at the described location; and continuous lake flooding. FEMA will give the
community the agreed-upon map showing
d. Not to seek a premium refund for current or the ASC. This easement will only apply to
prior terms. that portion of the property in the ASC. It will
allow certain agricultural and recreational
If the policy term ends before uses of the land. The only structures it will
allow on any portion of the property within
the insured building has been the ASC are certain simple agricultural
flooded continuously for 90 days, and recreational structures. If any of these
allowable structures are insurable buildings
the provisions of this paragraph under the NFIP and are insured under the
T.1. will apply when the insured NFIP, they will not be eligible for the benefits
of this paragraph T.2. If a U.S. Army Corps
building suffers a covered loss of Engineers certified flood control project
before the policy term ends. or otherwise certified flood control project
later protects the property, FEMA will, upon
2. If your insured building is subject to continuous lake request, amend the ASC to remove areas
flooding from a closed basin lake, you may elect to file protected by those projects. The restrictions
a claim under either paragraph T.1. above or T.2. (A of the easement will then no longer apply to
“closed basin lake” is a natural lake from which water any portion of the property removed from the
leaves primarily through evaporation and whose surface ASC; and
area now exceeds or has exceeded 1 square mile at any
time in the recorded past. Most of the nation’s closed
basin lakes are in the western half of the United States
(3) Comply with paragraphs
where annual evaporation exceeds annual precipitation T.1.a. through T.1.d. above.
and where lake levels and surface areas are subject to
considerable fluctuation due to wide variations in the
climate. These lakes may overtop their basins on rare
c. Within 90 days of approval of
occasions.) Under this paragraph T.2. we will pay your your claim, you must move
claim as if the building is a total loss even though it has
your building to a new location
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