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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 />Pt. 61, App. A(2) <br /> <br />. <br /> <br />a refund of premium money will only be <br />made when: <br />1. Except with respect to a condominium <br />building or a building which has a condomin- <br />ium form of ownership. the Insured cancels <br />because the Insured has transferred owner- <br />ship of the insured property to someone else. <br />In this case. the Insurer will refund to the <br />Insured. once the Insurer receives the <br />Insured's written request for C4ncellation <br />(signed by the Insured) the excess of pre- <br />miums paid by the Insured which apply to <br />the unused portion of the policy's term. pro <br />rata but with retention of the expense con- <br />stant and the Federal policy fee. <br />2. The Insured cancels a policy having a <br />term of 3 years. on an anniversary date. and <br />the reason for the cancellation is that: <br />... A policy of flood insurance has been ob- <br />tained or is being obtained in substitution <br />for this policy and the Insurer has received a <br />written concurrence in the cancellation from <br />Il.llY mortgagee of which the Insurer has ac- <br />tual notice. Or <br />b. The Insured has extinguished the in- <br />sured mortgage debt and is no longer re- <br />quired by the mortgagee to maintain the <br />coverage. Refund of any premium. under this <br />subparagraph 2.. lIha.ll be pro rate. but with <br />retention of the e:rpense constant and the Fed- <br />eral policy fee. <br />3. The Insured cancels because the Insurer <br />has determined that the property is not. in <br />fact. in a special hazaTd area; and the Insured <br />was required to purchase flood insurance cov- <br />erage by a Private lender or Federal agency <br />pursuant to Public Law 93-234. section 102 <br />and the lender or agency no longer requires <br />the retention of the coverage. In this event. <br />i! no claims have been paid or are pending. <br />the premium payments will be refunded in <br />full. according to applicable National Flood <br />InsuTance Program regulations. <br />K. Loss Clause: Payment of any loss under <br />this policy lIha.ll not reduce the amount of in- <br />surance applicable to Il.llY other loss during <br />the policy term which arises out of a separate <br />occurrence of the peril insured against here- <br />under; provided. that all loss arising out of a <br />continuous or protracted occurrence shall be <br />deemed to constitute loss arising out of a <br />single occurrence. <br />L. Mortgage Clause: (Applicable to building <br />coverage only and effective only when the <br />policy is made payable to .. mortgagee or <br />trustee named in the application and declara- <br />tions page attached to this policy or of whom <br />the Insurer bas actual notice prior to the <br />payment of loss proceeds under this policy.) <br />Loss. if any, under this policy. shall be pay- <br />able to the aforesaid as mortgagee or trustee <br />as interest may appear under all present or <br />fu1;ure mortgages upon the property de- <br />scribed in which the aforesaid may have an <br />interest as mortgagee or trustee. in order of <br />precedence of said mortgages, and this insur- <br />ance. as to the interest of the mortgagee or <br /> <br />. <br /> <br />. <br /> <br />44 CFR Ch. I (10-1--97 Eclltion) <br /> <br />trustee only therein. lIha.ll not be invali- <br />dated: <br />1. By any act or neglect of the mortgagor <br />or owner of the described property: nor <br />2. By any foreclosure or other proceedings <br />or notice of sale relating to the property: nor <br />3. By any change in the title or ownership <br />of the property; nor <br />4. By the occupation of the premises for <br />purposes more hazardous than are permitted <br />by this policy, provided, That in case the <br />mortgagor or owner shall neglect to pay any <br />premium due under this policy. the mortga- <br />gee . or trustee lIha.ll. on demand. pay the <br />same. <br />Provided. also. that the mortgagee or trust- <br />ee lIha.ll notify the Insurer of Il.llY change of <br />ownership or occupanCy of the building or in- <br />crease of hazard which lIha.ll come to the <br />knowledge of said mortgagee or trustee and. <br />unless permitted by this policy. it lIha.ll be <br />noted thereon and the mortgagee or trustee <br />shall. on demand. pay the premium for such <br />increased hazard for the term of the use <br />.thereof; otherwise. this policy lIha.ll be null <br />and void. <br />If this policy is cancelled by the Insurer. it <br />shall continue in force for the benefit of the <br />mortgagee or trustee for 30 days after writ- <br />ten notice to the mortgagee or trustee of <br />such cancellation and lIha.ll then cease. <br />Whenever the insurer shall pay the mort- <br />gagee or trustee any sum for loss under this <br />policy and lIha.ll claim that. as to the mortga- <br />gor or owner. no liability therefor existed. <br />the Insurer lIha.ll. to the extent of such pay- <br />ment. be thereupon legally subrogated to all <br />the rights of the party to whom such pay- <br />ment lIha.ll be made. under all securities held <br />as collateral to the mortgage debt. or may. <br />at its option. pay to the mortgagee or trust- <br />ee the whole principal due or to grow due on <br />the mortgage with interest. and shall there- <br />upon receive a full assignment and transfer <br />of the mortgage and of all such other securi- <br />ties. but no subrogation lIha.ll impair the <br />right of the mortgagee or trustee to recover <br />the full amount of said mortgagee's or ~ <br />ee's claim. <br />M. MtJTtgagee Obligations: If the Insured <br />fails to render proof of loss. the named mort- <br />gagee or trustee. upon no1;ice. lIha.ll render <br />proof of loss in the form herein specified <br />within 611 days thereafter and shall be subject <br />to the proVisions of this policy relating to ap. <br />praisal and time of payment and of bringing <br />suit. <br />N. Loss Payable Clause (Applicable to con- <br />leIltS items onll/): Loss. if any. shall be ad- <br />justed with the Insured and lIha.ll be payable <br />to the Insured and loss payee as their inter- <br />ests may appear. <br />O. J/equiTements in Case of Loss: Should a <br />flood loss occur to the insured property. the <br />Insured must: <br />1. Notify the Insurer in writing as soon as <br />prac1;icable; <br /> <br />282 <br /> <br />.... . <br /> <br />".',: <br /> <br />'. ,." <br /> <br />. - <br />.. <br /> <br />........ <br /> <br />," .... <br /> <br />.' <br />'. <br /> <br />.. <br />'. <br />". . ::....: : . .:.' <br />...:......... ";":":;',',." <br />........ " <br /> <br />." ", <br /> <br />....... <br /> <br />-.... <br /> <br />.' <br />. .- <br /> <br />'".-..' <br /> <br />.... . <br /> <br />,", ".:.," <br />
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