Filing Number: 795976
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| Filing Accepted: 12/9/2024 |
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CHUCRI
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First Name |
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PATRICK |
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4760 COCONUT PALM CIRCLE NE |
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SAINT PETERSBURG,
FL
33703
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| Email Address
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PCHUCRI@FORTHEPEOPLE.COM |
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Insured |
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| Last/Business Name* |
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CHUCRI |
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First Name |
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PATRICK |
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09 1152512908 00 |
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Claim #* |
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1240010853 |
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Attorney is Applicable
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| Last Name* |
CHUCRI
First Name *
PATRICK
Initial
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| Street Address* |
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201 N. FRANKLIN STREET SUITE 700 |
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TAMPA
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FLORIDA
33602
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PCHUCRI@FORTHEPEOPLE.COM |
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| Insurer Type
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 Authorized Insurer
 Unauthorized Insurer
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| Insurer Name |
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WRIGHT NATIONAL FLOOD INSURANCE COMPANY
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NAIC Company Code 11523 |
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| Name of individual responsible for violation (if any):*
ERIC SCHELLHAMMER
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| Type of Insurance
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Residential Property & Casualty
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| Reason for Notice
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Unsatisfactory Settlement Offer
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Statutory provision(s) which the insurer allegedly violated.
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| 624.155(1)(b)(1) |
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Not attempting in good faith to settle claims when, under all the circumstances, it could and should have done so, had it acted fairly and honestly toward its insured and with due regard for her or his interests.
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| 624.155(1)(b)(3) |
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Except as to liability coverages, failing to promptly settle claims, when the obligation to settle a claim has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
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| 626.9541(1)(i)(3)(a) |
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Failing to adopt and implement standards for the proper investigation of claims.
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| 626.9541(1)(i)(3)(c) |
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Failing to acknowledge and act promptly upon communications with respect to claims.
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| 626.9541(1)(i)(3)(d) |
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Denying claims without conducting reasonable investigations based upon available information.
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Specific policy language that is relevant to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
A. This policy insures the following types of property only:
1. A one to four family residential building, not under
a condominium form of ownership;
2. A single-family dwelling unit in a condominium
building; and
3. Personal property in a building.
B. The Company provides flood insurance under the
terms of the National Flood Insurance Act of 1968 and
its amendments, and Title 44 of the Code of Federal
Regulations.
C. We will pay you for direct physical loss by or from flood
to your insured property if you:
1. Have paid the full amount due (including applicable
premiums, surcharges, and fees);
2. Comply with all terms and conditions of this
policy; and
3. Have furnished accurate information and
statements.
D. We have the right to review the information you give us
at any time and revise your policy based on our review.
E. This policy insures only one building. If you own more
than one building, coverage will apply to the single building
specifically described in the Flood Insurance Application.
F. Subject to the exception in I.G below, multiple policies
with building coverage cannot be issued to insure a single
building to one insured or to different insureds, even if
separate policies were issued through different NFIP
insurers. Payment for damages may only be made under
a single policy for building damages under Coverage A–
Building Property.
G. A Dwelling Form policy with building coverage may
be issued to a unit owner in a condominium building
that is also insured under a Residential Condominium
Building Association Policy (RCBAP). However, no
more than $250,000 may be paid in
combined benefits for a single unit
under the Dwelling Form policy and the
RCBAP. We will only pay for damage
once. Items of damage paid for under
an RCBAP cannot also be claimed
under the Dwelling Form policy.
II. DEFINITIONS
A. In this policy, “you” and “your” refer to the named
insured(s) shown on the Declarations Page of this policy
and the spouse of the named insured, if a resident of the
same household. Insured(s) also includes: Any mortgagee
and loss payee named in the Application and Declarations
Page, as well as any other mortgagee or loss payee
determined to exist at the time of loss, in the order of
precedence. “We,” “us,” and “our” refer to the insurer.
Some definitions are complex because they are provided
as they appear in the law or regulations, or result from
court cases.
B. Flood, as used in this flood insurance policy, means:
1. A general and temporary condition of partial
or complete inundation of two or more acres of
normally dry land area or of two or more properties
(one of which is your property) from:
a. Overflow of inland or tidal waters;
b. Unusual and rapid accumulation or runoff of
surface waters from any source;
c. Mudflow.
2. Collapse or subsidence of land along the shore of a
lake or similar body of water as a result of erosion
SFIP DWELLING FORM PAGE 1 OF 30
or undermining caused by waves or currents of
water exceeding anticipated cyclical levels that
result in a flood as defined in B.1.a above.
C. The following are the other key definitions we use in
this policy:
1. Act. The National Flood Insurance Act of 1968 and
any amendments to it.
2. Actual Cash Value. The cost to replace an insured
item of property at the time of loss, less the value
of its physical depreciation.
3. Application. The statement made and signed by
you or your agent in applying for this policy. The
application gives information we use to determine
the eligibility of the risk, the kind of policy to be
issued, and the correct premium payment. The
application is part of this flood insurance policy.
4. Base Flood. A flood having a one percent chance
of being equaled or exceeded in any given year.
5. Basement. Any area of a building, including any
sunken room or sunken portion of a room, having
its floor below ground level on all sides.
6. Building
a. A structure with two or more outside rigid walls
and a fully secured roof that is affixed to a
permanent site;
b. A manufactured home, also known as a mobile
home, is a structure: built on a permanent
chassis, transported to its site in one or
more sections, and affixed to a permanent
foundation; or
c. A travel trailer without wheels, built on a chassis
and affixed to a permanent foundation, that is
regulated under the community’s floodplain
management and building ordinances or laws.
Building does not mean a gas or liquid storage
tank, shipping container, or a recreational vehicle,
park trailer, or other similar vehicle, except as
described in C.6.c above.
7. Cancellation. The ending of the insurance coverage
provided by this policy before the expiration date.
8. Condominium. That form of ownership of one or
more buildings in which each unit owner has an
undivided interest in common elements.
9. Condominium Association. The entity made up of
the unit owners responsible for the maintenance
and operation of:
a. Common elements owned in undivided shares
by unit owners; and
b. Other buildings in which the unit owners have
use rights; where membership in the entity is a
required condition of ownership.
10. Condominium Building. A type of building for
which the form of ownership is one in which each
unit owner has an undivided interest in common
elements of the building.
11. Declarations Page. A computer-generated summary
of information you provided in your application for
insurance. The Declarations Page also describes
the term of the policy, limits of coverage, and
displays the premium and our name. The
Declarations Page is a part of this flood insurance
policy.
12. Deductible. The amount of an insured loss that
is your responsibility and that is incurred by you
before any amounts are paid for the insured loss
under this policy.
13. Described Location. The location where the
insured building(s) or personal property are
found. The described location is shown on the
Declarations Page.
14. Direct Physical Loss By or From Flood. Loss or
damage to insured property, directly caused by a
flood. There must be evidence of physical changes
to the property.
15. Dwelling. A building designed for use as a
residence for no more than four families or a
single-family unit in a condominium building.
16. Elevated Building. A building that has no basement
and that has its lowest elevated floor raised above
ground level by foundation walls, shear walls,
posts, piers, pilings, or columns.
17. Emergency Program. The initial phase of a
community’s participation in the National Flood
Insurance Program. During this phase, only limited
amounts of insurance are available under the Act
and the regulations prescribed pursuant to the
Act.
18. Federal Policy Fee. A flat rate charge you must pay
on each new or renewal policy to defray certain
administrative expenses incurred in carrying out
the National Flood Insurance Program.
19. Improvements. Fixtures, alterations, installations,
or additions comprising a part of the dwelling or
apartment in which you reside.
20. Mudflow. A river of liquid and flowing mud on
the surface of normally dry land areas, as when
earth is carried by a current of water. Other earth
movements, such as landslide, slope failure, or
SFIP DWELLING FORM PAGE 2 OF 30
a saturated soil mass moving by liquidity down a
slope, are not mudflows.
21. National Flood Insurance Program (NFIP). The
program of flood insurance coverage and
floodplain management administered under the
Act and applicable Federal regulations in Title 44
of the Code of Federal Regulations, Subchapter B.
22. Policy. The entire written contract between you
and us. It includes:
a. This printed form;
b. The application and Declarations Page;
c. Any endorsement(s) that may be issued; and
d. Any renewal certificate indicating that coverage
has been instituted for a new policy and new
policy term. Only one dwelling, which you
specifically described in the application, may
be insured under this policy.
23. Pollutants. Substances that include, but are not
limited to, any solid, liquid, gaseous, or thermal
irritant or contaminant, including smoke, vapor,
soot, fumes, acids, alkalis, chemicals, and waste.
“Waste” includes, but is not limited to, materials
to be recycled, reconditioned, or reclaimed.
24. Post-FIRM Building. A building for which
construction or substantial improvement occurred
after December 31, 1974, or on or after the
effective date of an initial Flood Insurance Rate
Map (FIRM), whichever is later.
25. Principal Residence. The dwelling in which you or
your spouse have lived for at least 80 percent of:
a. The 365 days immediately preceding the time
of loss; or
b. The period of ownership of you or your spouse,
if either you or your spouse owned the dwelling
for less than 365 days immediately preceding
the time of loss.
26. Probation Surcharge. A flat charge you must pay
on each new or renewal policy issued covering
property in a community the NFIP has placed on
probation under the provisions of 44 CFR 59.24.
27. Regular Program. The final phase of a community’s
participation in the National Flood Insurance
Program. In this phase, a Flood Insurance Rate
Map is in effect and full limits of coverage are
available under the Act and the regulations
prescribed pursuant to the Act.
28. Special Flood Hazard Area (SFHA). An area having
special flood or mudflow, and/or flood-related
erosion hazards, and shown on a Flood Hazard
Boundary Map or Flood Insurance Rate Map as
Zone A, AO, A1–A30, AE, A99, AH, AR, AR/A, AR/
AE, AR/AH, AR/AO, AR/A1–A30, V1–V30, VE, or V.
29. Unit. A single-family residential space you own in a
condominium building.
30. Valued Policy. A policy in which the insured and the
insurer agree on the value of the property insured,
that value being payable in the event of a total
loss. The Standard Flood Insurance Policy is not a
valued policy.
III. PROPERTY INSURED
A. Coverage A—Building Property
We insure against direct physical loss by or from flood to:
1. The dwelling at the described location, or for a
period of 45 days at another location as set forth
in III.C.2.b, Property Removed to Safety.
2. Additions and extensions attached to and in
contact with the dwelling by means of a rigid
exterior wall, a solid load-bearing interior wall, a
stairway, an elevated walkway, or a roof. At your
option, additions and extensions connected by
any of these methods may be separately insured.
Additions and extensions attached to and in
contact with the building by means of a common
interior wall that is not a solid load-bearing wall
are always considered part of the dwelling and
cannot be separately insured.
3. A detached garage at the described location.
Coverage is limited to no more
than 10 percent of the limit of
liability on the dwelling. Use of this
insurance is at your option but reduces the building
limit of liability. We do not cover any
detached garage used or held for
use for residential (i.e., dwelling),
business, or farming purposes.
SFIP DWELLING FORM PAGE 3 OF 30
4. Materials and supplies to be used for construction,
alteration, or repair of the dwelling or a detached
garage while the materials and supplies are
stored in a fully enclosed building at the described
location or on an adjacent property.
5. A building under construction, alteration, or repair
at the described location.
a. If the structure is not yet walled
or roofed as described in the
definition for building (see
II.C.6.a) then coverage applies:
(1)Only while such work is in
progress; or
(2)If such work is halted, only for
a period of up to 90
continuous days thereafter.
b. However, coverage does not
apply until the building is walled
and roofed if the lowest floor,
including the basement floor,
of a non-elevated building or
the lowest elevated floor of an
elevated building is:
(1)Below the base flood ele-
vation in Zones AH, AE, A1–
A30, AR, AR/AE, AR/AH,
AR/A1–A30, AR/A, AR/AO;
or
(2)Below the base flood ele-
vation adjusted to include
the effect of wave action in
Zones VE or V1–V30.
The lowest floor level is based on the bottom of
the lowest horizontal structural member of the
floor in Zones VE or V1–V30 or the top of the floor
in Zones AH, AE, A1–A30, AR, AR/AE, AR/AH, AR/
A1–A30, AR/A, and AR/AO.
6. A manufactured home or a travel trailer, as
described in the II.C.6. If the manufactured home
or travel trailer is in a special flood hazard area, it
must be anchored in the following manner at the
time of the loss:
a. By over-the-top or frame ties to ground
anchors; or
b. In accordance with the manufacturer’s
specifications; or
c. In compliance with the community’s floodplain
management requirements unless it has been
continuously insured by the NFIP at the same
described location since September 30, 1982.
7. The following items of property which are insured
under Coverage A only:
a. Awnings and canopies;
b. Blinds;
c. Built-in dishwashers;
d. Built-in microwave ovens;
e. Carpet permanently installed over unfinished
flooring;
f. Central air conditioners;
g. Elevator equipment;
h. Fire sprinkler systems;
i. Walk-in freezers;
j. Furnaces and radiators;
k. Garbage disposal units;
l. Hot water heaters, including solar water
heaters;
m. Light fixtures;
n. Outdoor antennas and aerials fastened to
buildings;
o. Permanently installed cupboards, bookcases,
cabinets, paneling, and wallpaper;
p. Plumbing fixtures;
q. Pumps and machinery for operating pumps;
r. Ranges, cooking stoves, and ovens;
s. Refrigerators; and
t. Wall mirrors, permanently installed.
8. Items of property below the lowest
elevated floor of an elevated post-
FIRM building located in Zones
SFIP DWELLING FORM PAGE 4 OF 30
A1–A30, AE, AH, AR, AR/A, AR/
AE, AR/AH, AR/A1–A30, V1–V30,
or VE, or in a basement regardless
of the zone. Coverage is limited to
the following:
a. Any of the following items, if installed in their
functioning locations and, if necessary for
operation, connected to a power source:
(1) Central air conditioners;
(2) Cisterns and the water in them;
(3) Drywall for walls and ceilings in a
basement and the cost of labor to nail it,
unfinished and unfloated and not taped,
to the framing;
(4) Electrical junction and circuit breaker
boxes;
(5) Electrical outlets and switches;
(6) Elevators, dumbwaiters and related
equipment, except for related equipment
installed below the base flood elevation
after September 30, 1987;
(7) Fuel tanks and the fuel in them;
(8) Furnaces and hot water heaters;
(9) Heat pumps;
(10) Nonflammable insulation in a basement;
(11) Pumps and tanks used in solar energy
systems;
(12) Stairways and staircases attached to
the building, not separated from it by
elevated walkways;
(13) Sump pumps;
(14) Water softeners and the chemicals in
them, water filters, and faucets installed
as an integral part of the plumbing system;
(15) Well water tanks and pumps;
(16) Required utility connections for any item
in this list; and
(17) Footings, foundations, posts, pilings,
piers, or other foundation walls and
anchorage systems required to support
a building.
b. Clean-up.
B. Coverage B—Personal Property
1. If you have purchased personal property coverage,
we insure against direct physical loss by or from
flood to personal property inside a building at the
described location, if:
a. The property is owned by you or your household
family members; and
b. At your option, the property is owned by
guests or servants.
2. Personal property is also insured for a period of 45
days at another location as set forth in III.C.2.b,
Property Removed to Safety.
3. Personal property in a building that is not fully
enclosed must be secured to prevent flotation out
of the building. If the personal property does float
out during a flood, it will be conclusively presumed
that it was not reasonably secured. In that case,
there is no coverage for such property.
4. Coverage for personal property includes the
following property, subject to B.1 above, which is
insured under Coverage B only:
a. Air conditioning units, portable or window type;
b. Carpets, not permanently installed, over
unfinished flooring;
c. Carpets over finished flooring;
d. Clothes washers and dryers;
e. “Cook-out” grills;
f. Food freezers, other than walk-in, and food in
any freezer; and
g. Portable microwave ovens and portable
dishwashers.
5. Coverage for items of property
below the lowest elevated floor of
an elevated post-FIRM building
located in Zones A1–A30, AE, AH,
AR, AR/A, AR/AE, AR/AH, AR/
A1–A30, V1–V30, or VE, or in a
basement regardless of the zone,
is limited to the following items,
if installed in their functioning
locations and, if necessary for
operation, connected to a power
source:
SFIP DWELLING FORM PAGE 5 OF 30
a. Air conditioning units, portable or window type;
b. Clothes washers and dryers; and
c. Food freezers, other than walk-in, and food in
any freezer.
6. If you are a tenant and have insured personal
property under Coverage B in this policy, we will
cover such property, including your cooking stove
or range and refrigerator. The policy will
also cover improvements made or
acquired solely at your expense in
the dwelling or apartment in which
you reside, but for not more than
10 percent of the limit of liability
shown for personal property on
the Declarations Page. Use of this
insurance is at your option but reduces the
personal property limit of liability.
7. If you are the owner of a unit and
have insured personal property
under Coverage B in this policy,
we will also cover your interior
walls, floor, and ceiling (not
otherwise insured under a flood
insurance policy purchased by
your condominium association)
for not more than 10 percent
of the limit of liability shown
for personal property on the
Declarations Page. Use of this
insurance is at your option but
reduces the personal property
limit of liability.
8. Special Limits. We will pay no
more than $2,500 for any one loss
to one or more of the following
kinds of personal property:
a. Artwork, photographs, collectibles, or
memorabilia, including but not limited to,
porcelain or other figures, and sports cards;
b. Rare books or autographed items;
c. Jewelry, watches, precious and semi-precious
stones, or articles of gold, silver, or platinum;
d. Furs or any article containing fur that
represents its principal value; or
e. Personal property used in any business.
9. We will pay only for the functional
value of antiques.
C. Coverage C—Other Coverages
1. Debris Removal
a. We will pay the expense to remove non-owned
debris that is on or in insured property and
debris of insured property anywhere.
b. If you or a member of your household perform
the removal work, the value of your work will be
based on the Federal minimum wage.
c. This coverage does not increase the Coverage
A or Coverage B limit of liability.
2. Loss Avoidance Measures
a. Sandbags, Supplies, and Labor
(1) We will pay up to $1,000 for costs you
incur to protect the insured building from
a flood or imminent danger of flood, for
the following:
(a) Your reasonable expenses to buy:
(i) Sandbags, including sand to fill them;
(ii) Fill for temporary levees;
(iii) Pumps; and
(iv) Plastic sheeting and lumber used in
connection with these items.
(b) The value of work, at the Federal
minimum wage, that you or a member
of your house-hold perform.
(2) This coverage for Sandbags, Supplies, and
Labor only applies if damage to insured
property by or from flood is imminent and
the threat of flood damage is apparent
enough to lead a person of common
prudence to anticipate flood damage. One
of the following must also occur:
(a) A general and temporary condition of
flooding in the area near the described
SFIP DWELLING FORM PAGE 6 OF 30
location must occur, even if the flood
does not reach the building; or
(b) A legally authorized official must
issue an evacuation order or other
civil order for the community in
which the building is located calling
for measures to preserve life and
property from the peril of flood.
This coverage does not increase the
Coverage A or Coverage B limit of liability.
b. Property Removed to Safety
(1) We will pay up to $1,000 for the
reasonable expenses you incur to move
insured property to a place other than
the described location that contains the
property in order to protect it from flood or
the imminent danger of flood. Reasonable
expenses include the value of work, at the
Federal minimum wage, you or a member
of your household perform.
(2) If you move insured property to a location
other than the described location that
contains the property in order to protect it
from flood or the imminent danger of flood,
we will cover such property while at that
location for a period of 45 consecutive
days from the date you begin to move it
there. The personal property that is moved
must be placed in a fully enclosed building
or otherwise reasonably protected from
the elements.
(3) Any property removed, including a
moveable home described in II.6.b and
c, must be placed above ground level or
outside of the special flood hazard area.
(4) This coverage does not increase the
Coverage A or Coverage B limit of liability.
3. Condominium Loss Assessments
a. Subject to III.C.3.b below, if this policy
insures a condominium unit, we will pay, up
to the Coverage A limit of liability, your share
of loss assessments charged against you by
the condominium association in accordance
with the condominium association’s articles
of association, declarations and your deed.
The assessment must be made because of
direct physical loss by or from flood during
the policy term, to the unit or to the common
elements of the NFIP insured condominium
building in which this unit is located.
b. We will not pay any loss
assessment:
(1) Charged against you and the
condominium association by
any governmental body;
(2) That results from a
deductible under the
insurance purchased by the
condominium association
insuring common elements;
(3) That results from a loss
to personal property,
including contents of a
condominium building;
(4) In which the total payment
combined under all policies
exceeds the maximum
amount of coverage
available under the Act for a
single unit in a condominium
building where the unit
is insured under both
a Dwelling Policy and a
RCBAP; or
(5) On any item of damage that
has already been paid under
a RCBAP where a single unit
in a condominium building
is insured by both a Dwelling
Policy and a RCBAP.
c. Condominium Loss Assessment coverage
does not increase the Coverage A Limit
of Liability and is subject to the maximum
coverage limits available for a single-family
dwelling under the Act, payable between all
SFIP DWELLING FORM PAGE 7 OF 30
policies issued and covering the unit, under
the Act.
(d) In addition to the current claim,
the NFIP must have paid the
previous qualifying claim, and the
State or community must have a
cumulative, substantial damage
provision or repetitive loss provision
in its floodplain management law or
ordinance being enforced against the
building; or
D. Coverage D—Increased Cost of Compliance
1. General
This policy pays you to comply with a State or
local floodplain management law or ordinance
affecting repair or reconstruction of a building
suffering flood damage. Compliance activities
eligible for payment are: elevation, floodproofing,
relocation, or demolition (or any combination
of these activities) of your building. Eligible
floodproofing activities are limited to:
(2) Be a building that has had flood damage
in which the cost to repair equals or
exceeds 50 percent of the market value
of the building at the time of the flood.
The State or community must have a
substantial damage provision in its
floodplain management law or ordinance
being enforced against the building.
a. Non-residential buildings.
b. Residential buildings with basements that
satisfy FEMA’s standards published in the
Code of Federal Regulations [44 CFR 60.6(b)
or (c)]. b. This Coverage D pays you to comply with
State or local floodplain management laws or
ordinances that meet the minimum standards
of the National Flood Insurance Program
found in the Code of Federal Regulations
at 44 CFR 60.3. We pay for compliance
activities that exceed those standards under
these conditions:
2. Limit of Liability
We will pay you up to $30,000 under this
Coverage D—Increased Cost of Compliance,
which only applies to policies with building
coverage (Coverage A). Our payment of claims
under Coverage D is in addition to the amount of
coverage which you selected on the application
and which appears on the Declarations Page. But
the maximum you can collect under this policy for
both Coverage A—Building Property and Coverage
D—Increased Cost of Compliance cannot exceed
the maximum permitted under the Act. We do not
charge a separate deductible for a claim under
Coverage D.
(1) 3.a.1 above.
(2) Elevation or floodproofing in any risk
zone to preliminary or advisory base
flood elevations provided by FEMA
which the State or local government
has adopted and is enforcing for flood-
damaged buildings in such areas. (This
includes compliance activities in B, C, X,
or D zones which are being changed to
zones with base flood elevations. This
also includes compliance activities in
zones where base flood elevations are
being increased, and a flood-damaged
building must comply with the higher
advisory base flood elevation.) Increased
Cost of Compliance coverage does not
apply to situations in B, C, X, or D zones
where the community has derived its own
elevations and is enforcing elevation or
floodproofing requirements for flood-
damaged buildings to elevations derived
solely by the community.
(3) Elevation or floodproofing above the base
flood elevation to meet State or local
“free-board” requirements, i.e., that a
building must be elevated above the base
flood elevation.
3. Eligibility
a. A building insured under Coverage A—
Building Property sustaining a loss caused by
a flood as defined by this policy must:
(1) Be a “repetitive loss building.” A
repetitive loss building is one that meets
the following conditions:
(a) The building is insured by a contract of
flood insurance issued under the NFIP.
(b) The building has suffered flood damage
on two occasions during a 10-year
period which ends on the date of the
second loss.
(c) The cost to repair the flood damage,
on average, equaled or exceeded 25
percent of the market value of the
building at the time of each flood loss.
SFIP DWELLING FORM PAGE 8 OF 30
c. Under the minimum NFIP criteria at 44 CFR
60.3(b)(4), States and communities must
require the elevation or floodproofing of
buildings in unnumbered A zones to the
base flood elevation where elevation data
is obtained from a Federal, State, or other
source. Such compliance activities are eligible
for Coverage D.
d. Coverage D will pay for the incremental cost,
after demolition or relocation, of elevating or
floodproofing a b uilding during its rebuilding
at the same or another site to meet State
or local floodplain management laws or
ordinances, subject to Coverage D Exclusion
5.g below.
e. Coverage D will pay to bring a flood-damaged
building into compliance with State or local
floodplain management laws or ordinances
even if the building had received a variance
before the present loss from the applicable
floodplain management requirements.
ordinances or laws. Eligible
activities for the cost of
clearing the site will include
those necessary to discontinue
utility service to the site and
ensure proper abandonment of
on-site utilities.
b. When the building is repaired
or rebuilt, it must be intended
for the same occupancy as
the present building unless
otherwise required by current
floodplain management ordi-
nances or laws.
4. Conditions 5. Exclusions
a. When a building insured under
Coverage A—Building Property
sustains a loss caused by a
flood, our payment for the
loss under this Coverage D will
be for the increased cost to
elevate, floodproof, relocate, or
demolish (or any combination
of these activities) caused by
the enforcement of current
State or local floodplain
management ordinances or
laws. Our payment for eligible
demolition activities will be for
the cost to demolish and clear
the site of the building debris or
a portion thereof caused by the
enforcement of current State or
local floodplain management
Under this Coverage D (Increased
Cost of Compliance), we will not
pay for:
a. The cost to comply with any
floodplain management law
or ordinance in communi- ties
participating in the Emergency
Program.
b. The cost associated with en-
forcement of any ordinance or
law that requires any insured
or others to test for, monitor,
clean up, remove, contain,
treat, detoxify or neutralize, or
in any way respond to, or assess
the effects of pollutants.
c. The loss in value to any
insured building due to the
SFIP DWELLING FORM PAGE 9 OF 30
requirements of any ordinance
or law.
d. The loss in residual value of
the undamaged portion of
a building demolished as a
consequence of enforcement
of any State or local floodplain
management law or ordinance.
e. Any Increased Cost of Com-
pliance under this Coverage D:
(1) Until the building is elevated,
floodproofed, demolished, or
relocated on the same or to
another premises; and
(2) Unless the building is
elevated, floodproofed,
demolished, or relocated as
soon as reasonably possible
after the loss, not to exceed
two years.
f. Any code upgrade requirements,
e.g., plumbing or electrical
wiring, not specifically related
to the State or local floodplain
management law or ordinance.
g. Any compliance activities
needed to bring additions or
improvements made after the
loss occurred into compli-
ance with State or local
floodplain management laws
or ordinances.
h. Loss due to any ordinance or
law that you were required
to comply with before the
current loss.
i. Any rebuilding activity to
standards that do not meet the
NFIP’s minimum requirements.
This includes any situation
where the insured has received
from the State or community a
variance in connection with the
current flood loss to rebuild the
property to an elevation below
the base flood elevation.
j. Increased Cost of Compliance
for a garage or carport.
k. Any building insured under an
NFIP Group Flood Insurance
Policy.
l. Assessments made by a condo-
minium association on individual
condominium unit owners to
pay increased costs of repairing
commonly owned buildings after
a flood in compliance with State
or local floodplain management
ordinances or laws.
6. Other Provisions
a. Increased Cost of Compliance coverage will
not be included in the calculation to determine
whether coverage meets the 80 percent
insurance-to-value requirement for replacement
cost coverage as set forth in Art. VII.R (“Loss
Settlement”) of this policy.
b. All other conditions and provisions of this
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Facts and circumstances giving rise to the violation.
Enter all words or phrases (one at a time) that should be used to filter.
Hurricane Helene struck Saint Petersburg causing four feet of water to fiver through the home which resulted in a total loss and complete gut job of the home rendering the home inhabitable. everything from the home has been torn out including all walls, bathrooms, kitchen, and flooring.
Wright flood is attempting to tender less than half of the contracted for $220,000.00 policy limits for a home that has been destroyed by hurricane flooding.
This claim can and should settle for the available policy limits.
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The submitter hereby states that this notice is given in order to perfect the rights of the
person(s) damaged to pursue civil remedies authorized by Section 624.155, Florida Statutes.
Before submitting a Notice using this system, please verify that all text has been entered
correctly and completely. Once the Notice has been submitted, the text cannot be changed
or deleted.
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DFS-10-363
Rev. 10/14/2008
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