FLOOD07997

• County: Statewide
• Basin: Statewide
• Title: Flood Insurance Manual
• Date: 10/1/1992
• Prepared For: US
• Prepared By: National Flood Insurance Program
• Floodplain - Doc Type: Project

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amounts of coverage to the policy for the remainder of its tcnn, punuant
to 44 CPR 61.11, with any excess of premium paid being returned to the
Insured. Provided. however, underthissubsection "b" astoany~gee
(or trUstee) named in the policy, the Insurer shall give a notice of addi-
tional premium due and the right of reformation shall continue in force for
the benefit only olthe mortgagee (or trustee), up to the amount of the in-
sured indebtedness. for thirty (30) days after written notice to the mongagee
(or trustee); provided, further. the Insurer is under no obligation to send
the Insured any written notice of additional premium due or notice of
premium due under this subsection.
F. Conditions, Suspendl.nt1: 01' Restricting Insurattce: Unless other-
wise provided in writing added hereto. the Insurer shall not be liable for
loss occurring while the hazard is increased by any means within the con-
trol or knowledge of the Insured, provided. however, this insurance shall
not be: prejudiced by any act or neglect of any person (other than the In-
sured), when such act or neglect is not within the control of the Insured.
G. Alterations and RepaIrs: The Insured may. at the Insured's own ex-
pense. make alterations. additions and repairs, and complete structures in
course of construction.
H. Property of Others (Servants and Guest Only): Unless otherwise
provided in writing added hereto, loss to any property of others covered
under this policy shall be adjusted with the Insured for the account of the
owners of said property, except that the right to adjuslllluch loss with said
owners is reserved to the Insurer. Any such insurance under this policy
shall not inure directly or indirectly to the benefit of any carrier or other
bailee for hire.
I. Liberalization Clause: If during the period that insurance is in force
under Ihis policy or within 45 days prior to the inception date thereof. on
behalf of the Insurer there be adopted under the National Flood Insurance
Act of 1968, or any acts amendatory thereof, any forms, endonements.
Nles or regulations by which this policy could be extended or broadened,
without additional premium charge, by endorsement or substitution of fonn
then such extended or broadened insurance shall inure to the benefit of the
Insured hereunder as though such endorsement or substitution ofform had
been made.
J. Policy Renewal: The term afthis policy commences on its inception
date and ends on its expiration date, as shown on the' 'Declaralions Page"
which is attached to the policy. The Insurer is under no obligation to send
any renewalootice or other notice that the policy term is coming to an end
and the receipt of any such notice by the Insured, Mortgagee or Agent of
lhe Insured shall not be deemed to be a waiver of this provision on the In-
surer's part. The Insurer is under no obligation to assure thai policy changes
reflected in endorsements submiued by the Insured or Agent during the
policy term and accepted by the Insurer are included in any renewal notice
or new policy which is sent. "Policy changes" includes the addition of
new coverage (e.g.. contents coverage added to a building coverage policy
or vice versa) or any increases in the amounts of coverage.
This policy shall not be renewed and the coverage provided by it shall
not continue into any successive policy term unless the renewal premium
payment is received by the National Flood Insurance Program (NFlP) at
its office within 30 days of the expiralion date of this policy, subject: to Ar-
ticle Vn.E, above. If the renewal premium payment is mailed by certified
mail to the NFlP prior 10 the expiration date, it shall be deemed to have
been received within the required 30 days. The coverage provided by the
renewal policy is in effect for any loss occurring during this 3O-day period
even if the loss occurs before the renewal premium paymem is received
so long as the renewal premium payment is received within the required
30 day"
In all other cases, this policy shall terminate as of the expiration dale
of the last policy tenn for which the premium payment was timely received
at the office of the NFIP, and in that event, the Insurer shall not be obligated
to provide the Insured with any cancellation, termination, policy lapse, or
policy renewal notice advising the Insured of any such cancellation. ter-
mination, policy lapse, or policy renewal; provided, however, with respect
to any mongagee (or trustee) named in the Declaration form attached to
this policy, this insurance shall continue in force only for the benefit of
such mortgagee (or trustee) for 30 days after written notice 10 the mortgagee
(or trustee) of tennination of this policy, and shall then lenninate.
In connection with the renewal of this policy, the Insured will be requested
during the policy term to recertify, on a Recertification Questionnaire pro-
vided by the Insurer, the rating infonnation used to rate the most recent
application for or renewal of insurance.

October 1992

Notwilhstanding Ihe above mentioned responsibility of the Insured to sub-
mit the appropriate renewal premium in sufficient time to permit its receipt
by the NFIP prior to the expiration of the policy being renewed, the In-
surer has established a business procedure for mailing renewal notices to
assist Insureds in meeling their responsibility. Regarding the Insurer's
business procedure, evidence of the placing of any such notices into the
U.S. Postal Service. addressed to the Insured at the address appearing on
the Insured's most recent application or other appropriate form (received
by the NFIP prior to the mailing of the renewal notice by the Insurer), does,
in all respects, for purposes of the NFIP presumptively establish delivery
10 the Insured for all purposes irrespective of whether the Insured actually
received the notice. However, in the event that the Insurer determines that,
through any circumstances, any renewal notice was not placed into the U.S.
Postal Service, or, if placed, was prepared or addressed in a manner which
the Insurer determines 'could preclude the likelihood of it being actually
and timely received by the Insured prior to the due date for the renewal
premium the following procedures shall be followed:
In the event that the Insured or his agent notifies the Insurer, not later
than one year after the date on which the payment of the renewal was due,
of a non-receipt of a renewal notice prior 10 the due date for the renewal
premium, which Ihe Insurer determines was attrib11l8b1e to the abo\re cir-
cumstances. the Insurer shall mail a second bill providing a revised due
date, which shall be Ihirty days after the date on which the bill is mailed.
If lhe renewal paytnent is received by such revised due dale, the policy
shall be renewed as of the date on which the prior policy would have ex-
pired. If the renewal payment requested by reason of the second bill is not
received by the revised due date, no renewal shall occur and the policy shall
remain an expired policy as of the expiration date prescribed on the policy.
K. Cancellation of Policy By Insured: 1. The Insured can cancel this
policy at anytime but a refund of premium will be made only when:
a. The Insured cancels because the Insured has transferred ownership
of the insured property to someone else. In this case, the Insurer will re-
fund to the Insured, once the Insurer receives the Insured's written request
for cancellation (signed by the Insured) the excess of premiums paid by
the Insured which apply to the unused portion of the policy's term, pro nta
but with retention of the expense constant
b. The Insured cancels because it has been determined that the insured
property is not, in fact, in a special flood hazard area; and the Insured wu
required to purchase flood insurance coverage by a private lender or Federal
agency pursuant to Pub. L. 93-234, section 102; and the lender or Federal
agency no longer requires the retention by the Insured of the coverage. In
this event, if no claims have been paid or are pending, the premium payments
will be refunded to the Insured in full, according to applicable regulations.
c. The Insured cancels a policy having a term of three (3) years, on an
anniversary date, and the reason for the cancellation is: (i) A poJicy oftJood
insurance has been obtained or is being obtained in substitution for this policy
and the Insurer has received a wriuen concurrence in the cancellation from
any mortgagee of which the Insurer has actual notice, or (ii) the Insured
has extinguished the insured mortgage debt and is no longer required by
the mortgagee to maintain the coverage.
Refund of any premium under this subparagraph hC" shall be pro rata
but with retention of the expense constant.
L. Loss Clause: Payment of any loss under this policy shall not reduce
the amount of insurance applicable to any other loss during the policy tenn
which arises OUI of a separale occurrence of the peril insured against
hereunder; provided, that all loss arising out of a continuous or protracled
occurrence shall be deemed 10 constitute loss arising oot of a single
occurrence.
M. Mortgage Cbluse: {Applicable to building coverage only and effec-
tive only when policy is made payable to a mongagee (or tNstee) named
in the application and declarations fonn attached to this policy or of whom
the Insurer has actual notice prior to the paymenl of loss proceeds under
this policy).
Loss, if any, under this policy. shall be payable to the aforesaid as mort-
gagee (or lrustee) as interest may appear under all presenl or future mort-
gages upon the property described in which the aforesaid may have an in-
terest as mortgagee (or tNstee), in oreler of precedence of said mortgages,
and this insurance. as to the interest of the mortgagee (ortruslee) only therein,
shall not be invalidated by any act or neglect of the mortgagor or owner
of the described property, nor by any foreclosure or other proceedings or
notice of sale relating to the property, nor by any change in the title or owner-
ship of the property, nor by the occupation of the premises for purposes

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