FLOOD08304

• County: Statewide
• Basin: Statewide
• Title: Federal Emergency Management Agency
• Date: 5/1/1998
• Prepared By: FEMA
• Floodplain - Doc Type: Historic FEMA Regulatory Floodplain Information

Pt. 61, App. A(2)

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2. Done any fraudulent act concerning this
insurance (See paragraph E.l.d. below); or
3. . Willfully concealed or misrepresented
any fact on a "Recertification Question-
naire." which causes the Insurer to issue a
policy based on a premium amount which is
less than the premium amount which would
have been payable were It not for the
misstatement of fact (see paragraph F.
below).
C. Other 171SflTance: If a loss covered by this
policy is also covered by other insurance.
whether collectible or not. the Insurer will
pay only the proportion of the loss that the
limit of liability that applies under this po/-
icy bears to the total amount of insurance
covering the loss. provided. If at the time of
loss. there is other insurance made available
under the Act. in the name of a unit owner
which provides coverage for the same loss
covered by this policy, this policy's coverage
shall be PrimarY and not contributing with
such other insurance.
D. Amendments and Waivers, Assignment:
This Standard Flood Insurance Policy cannot
be amended nor can any of its provisions be
waived without the express written consent
of the Federal Insurance Administrator. No
action the Insurer takes under the terms of
this policy can constitute a waiver of any of
its rights. Except in the case of 1. a contents
only policy and 2. a policy issued to cover a
building in the course of construction. as-
signment of this policy. in writing. is allowed
upon transfer of title.
E. Voidance, Reduction OT Reformation of the
Coverage:
1. Voidance: This policy shall be void and of
no legal force and effect in the event that
any one of the following conditions occurs:
a. The property listed on the application is
not eligible for coverage. in which case the
policy is void from its inception;
b. The community in which the property is
located was not participating in the National
Flood InsuTance Program on the policy's incep-
tion date and did not qualify as a participat-
ing community during the policy's term and
before the occurrence of any loss;
c. If. during the term of the policy. the par-
ticipation in the National Flood InsuTance
Program of the community in which the prop-
erty is located ceases. in which case the pol-
icy shall be deemed void effective at the end
of the last day of the policy year in which
such cessa.tion occurred and shall not be re-
newed.
In the event the voided policy included 3
policy years in a contract term of 3 years. the
Insured shall be entitled to a pro-rata refund
of any premium applicable to the remainder
of the policy's term;
d. In the event any Insured or its agent
bas:
(11 Sworn falsely: or
(2) Fraudulently or willfully concealed or
misrepresented any material fact including

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44 CFR Ch. I (10-1-97 Ecflfion)

facts relevant to the rating of this policy in
the application for coverage. or upon any re-
newal of coverage. or in connection with the
submission of any claim brought under the
policy. in which case this entire policy shall
be void as of the date the wrongfUl act was
committed or from its inception If this policy
is a renewal policy and the wrongful act oc-
curred in connection with an application for
or renewal or endorsement of a policy issued
to the Insured in a prior year and affects the
rating of or premium amount received for
this policy. Refunds of premiums. If any.
shall be subject to offsets for the Insurer's
administrative expenses (including the pay-
ment of agent's commissions for any voided
policy year) in connection with the issuance
of the policy;
e. The premium submitted is less than the
minimum set forth in 44 CFR 61.10 in connec-
tion with any application for a new policy or
policy renewal. in which case the policy is
void from its inception date.
2. Reduction of Coverage Limits OT Reforma-
. tion: In the event that the premium payment.
is not sufficient (whether evident or not) to
purchase the amount of coverage requested
by an application. renewal. endorsement. or
other form and paragrapb E.l.d. does not
apply. then the policy shall be deemed to pr0-
vide only such coverage as can be purchased
for the entire term of the policy. for the
amount of premium received. subject to in-
creasing the amount of coverage pursuant to
44 eFR 61.11; provided. however:
a. If the insufficient premium is discovered
by the Insurer prior to a loss and the Insurer
can determine the amount of insufficient
premium from information in its posse-oion
at the time of its discovery of the insuffi-
cient premium. the Insurer shall give a no-
tice of additional premium due. and if the In-
sured remits and the Insurer Teceives the addi-
tional premium required to purchase the
limits of coverage for each kind of coverage
as was initially requested by the Insured
within 30 days from the date the lnsw:F
gives the Insured written notice of addi-
tional premium due, the policy shall be re-
formed. from its inception date. or. in the
case of an endorsement. from the eUective
date of the endorsement. to provide flood in-
surance coverage in the amount of COVerage
initially requested.
b. If the insufficient premium is discovered.
by the Insurer at the time of a loss under the
policy. the Insurer shall give a notice of pre-
mium due, and If the Insured Temits and the
Insurer Teceives the additional premium re-
quired to purchase (for the current policy
tenn and the previous policy term. If then In-
. sured) the limits of coverage for each kind of
coverage as was initially requested by the
Insured within 30 days from the date the In-
surer gives the Insured written notice of ad-
ditional premium due. the policy shall be re-
formed. from its inception date. or. in the

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