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FLOOD08304
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FLOOD08304
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Last modified
1/25/2010 7:14:12 PM
Creation date
10/5/2006 3:31:34 AM
Metadata
Fields
Template:
Floodplain Documents
County
Statewide
Basin
Statewide
Title
Federal Emergency Management Agency
Date
5/1/1998
Prepared By
FEMA
Floodplain - Doc Type
Historic FEMA Regulatory Floodplain Information
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<br />Federal Emergency Management Agency <br /> <br />. <br /> <br />premiums paid by YOU which a.pply to the un- <br />used portion of the policy's term. pro ra.ta but <br />with retention of the ezpense constant and <br />the FedeTa! policy fee. <br />2. You cancel a. policy ha.ving a term of 3 <br />years. on an anniversary date. and the rea- <br />son for the cancellation is: <br />a.. A pOlicy of flood insurance has been ob- <br />tained or is being obtained in substitution <br />for this policy and we ha.ve received a. written <br />concurrence in the cancellation from any <br />mortgagee of which we ba.ve actual notice; Or <br />b. You have extinguished the insured mort,. <br />gage debt and are no longer required by the <br />mortgagee to maintain the coverage. <br />Refund of any premium. under this suI>- <br />paragraph 2.. shall be pro rata but with re- <br />tention of the ezpense constant and the Fed- <br />eTa! policy fee. <br />3. You cancel because we ba.ve determined <br />that your property is not. in fa.ct. in a. special <br />1I4zaTd aTea; and YOU were required to pur- <br />chase flood insurance coverage by a private <br />lender or Federal agency pursua.nt to the <br />Act; and the lender or Federal agency .no <br />longer requires the retention by YOU of the <br />coverage. In this event. if no claims ba.ve <br />been paid or are pending. your premium pay- <br />ments will be refunded to YOU in full. accord- <br />ing to our a.pplicable regula.tions. <br />F. Voidance. Reduction OT Reformation of the <br />Coverage By Us: <br />1. Voidance: This policy shall be void and of <br />no legal force and effect in the event that <br />anyone of the following conditions occurs: <br />a.. The property listed on the application is <br />not eligible for coverage. in which case the <br />policy is void from its inception; <br />b. The community in which the property is <br />located was not participating in the National <br />Flood Insurance Program on the policy's incej>- <br />tion date and did not qualify as a participat,. <br />ing community during the policy's term a.nd <br />before the occurrence of any loss for which <br />you ma.y receive compensation under the pol- <br />icy; <br />c. If. during the term of the policy, the par- <br />ticipation in the National Flood InsuTance <br />Program of the community in which your <br />property is located ceases. in which case the <br />policy shall be deemed void effective at the <br />end of the last day of the policy year in which <br />such cessation occurred and shall not be re- <br />newed. <br />In the event the voided policy included 3 <br />policy years in a contra.ct term of 3 years. <br />you shall be entitled to a pro rata refund of <br />any premium applicable to the remainder of <br />the policy's term: <br />d. In the event you or your agent ba.ve: <br />(l) Sworn falsely. or <br />(2) Fraudulently or willfully concealed or <br />misrepresented any ma.terial fa.ct including <br />facts relevant to the rating of this policy in <br />the application for coverage. or upon any re- <br />newal of coverage. or in connection with the <br />submisSion of any claim brought under the <br /> <br />. <br /> <br />Pl. 61, App. A(1) <br /> <br />policy. in which case this entire policy shall <br />be void as of the date the wrongful act was <br />committed or from its inception If this policy <br />is a renewal policy and the wrongful act oc- <br />curred in connection With an application for <br />or renewal or endorsement of a policy issued <br />to you in a prior year and affects the rating <br />of or premium amount received for this pol- <br />icy. Refunds of premiums. if a.ny. shall be <br />subject to offsets for our administrative ex- <br />penses (including the payment of a.gent's <br />commissions for any voided policy year) in <br />connection with the issuance of the policy; <br />e. The premium you submit is less than the <br />minimum set forth in 44 CFR 61.10 in connec- <br />tion With a.ny application for a new policy or <br />policy renewal. in which case the policy is <br />void from its inception date. <br />2. Reduction of Coverage Limits OT Reforma- <br />tion: In the event that the premium payment <br />received by us is not sufficient (whether evi- <br />dent or not) to purchase the amount of cov- <br />erage requested by an application, renewal. <br />endorsement. or other form and pa.ra.graph <br />F.1.d. does not apply. then the policy shall be <br />deemed to provide only such coverage as can <br />be purchased for the entire term of the pol- <br />icy. for the amount of premium received. <br />subject to increasing the amount of coverage <br />pursuant to 44 eFR 61.11: provided. however: <br />a. If the insufficient premium is discovered <br />by us prior to a loss and we can determine <br />the amount of insufficient premium from in- <br />fonnation in our possession a.t the time of <br />our discovery of the insufficient premium. <br />we sbal1 give a notice of additionaJ premium <br />due. and if :vou Temit and we Teceive the &ddi. <br />tional premium required to purchase the <br />limits of coverage for each kind of coverage <br />as was initially requested by you within 30 <br />days from the date we give you written nl>- <br />tice of a.dditional premium due. the policy <br />sbal1 be reformed. from its inception date. <br />or. in the case of a.n endorsement. from the <br />effective date of the endorsement. to provide <br />flood insurance coverage in the amount of <br />coverage initially requested. <br />b. If the insufficient premium is dis'!:overed <br />by us a.t the time of a loss under the policy. <br />we shall give a notice of premium due. and If <br />you Temit and we Teceive the additional pre- <br />mium required to purchase (for the current <br />policy term and the previOUS policy term. if <br />then insured) the limits of coverage for each <br />kind of coverage as was initially requested <br />by you within 30 days from the date we give <br />you written notice of additional premium <br />due. the policy shall be reformed. from its in- <br />ception dat.e. or. in the case of an endorse- <br />me!... from the effective date of the endorse- <br />ment. to provide flood insurance coverage in <br />the amount of coverage initially requested. <br />c. Under subparagraphs a.. and b. as to any <br />mortgagee or trUStee named in the policy. we <br />sbal1 give a notice of additionaJ premium <br />due and the right Of reformation shall con- <br />tinue in force for the benefit only of the <br /> <br />...0." <br /> <br />...... <br /> <br />267 <br />
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