Section 4001 - Congressional findings and declaration of purpose

15 Citing briefs

  1. Evangelista v. Tolson et al

    MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim

    Filed June 16, 2017

    Mun. Ass’n of S. Carolina, 709 F.3d at 279 (citing 42 U.S.C. § 4001(b); H.R.Rep. No. 90–1585 (1968), reprinted in 1968 U.S.C.C.A.N. 2873, 2965–73).

  2. Vincent et al v. Wright National Flood Insurance Co

    MOTION to Dismiss For Failure to State a Claim Plaintiffs' Claims for Bad Faith, Statutory Penalties, and Wright National Flood Insurance Services, LLC

    Filed March 30, 2017

    Federal law governs the interpretation of the provisions of the SFIP. Article IX of the SFIP provides: This policy and all disputes arising from the handling of any claim under the policy are governed exclusively by the flood insurance regulations issued by FEMA, the National Flood Insurance Act of 1968, as amended (42 U.S.C. §4001, et seq.), and Federal common law.

  3. Edwards et al v. Wright National Flood Insurance Co et al

    MOTION to Dismiss For Failure to State a Claim Plaintiffs' Claims for Bad Faith, Statutory Penalties, and Wright National Flood Insurance Services, LLC

    Filed March 30, 2017

    Federal law governs the interpretation of the provisions of the SFIP. Article IX of the SFIP provides: This policy and all disputes arising from the handling of any claim under the policy are governed exclusively by the flood insurance regulations issued by FEMA, the National Flood Insurance Act of 1968, as amended (42 U.S.C. §4001, et seq.), and Federal common law.

  4. Judd Apatow v. American Bankers Insurance Company of Florida et al

    NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Amended Complaint

    Filed October 31, 2016

    Id. (citing 42 U.S.C. § 4001(a)). FEMA created the WYO program in 1983 pursuant to regulatory authority granted to it by Congress.

  5. Donnelly v. New Jersey Re-Insurance Company et al

    MEMORANDUM in Support

    Filed March 22, 2013

    See 42 U.S.C. § 4001, 8 See, 48 Fed.Reg. 39066-39068 (August 29, 1983), 1983 WL 119795.

  6. Hofstetter v. Chase Home Finance LLC et al

    RESPONSE

    Filed March 3, 2011

    The NFIA established the National Flood Insurance Program ("NFIP") in order to provide affordable flood insurance coverage in flood prone areas. See 42 US.c. 4001(b), 4011(a); 1968 US. Code Congo& Admin.

  7. City of Alexandria et al v. Federal Emergency Management Agency et al

    MOTION for Preliminary Injunction, MOTION for Permanent Injunction

    Filed December 17, 2010

    88. The purpose of the NFIP is plainly stated in 42 U.S.C. § 4001(a) as providing for a federally-subsidized flood insurance program in which States participate by implementing local land-use ordinances. 89.

  8. Casey v. Citibank, N.A. et al

    MEMORANDUM-DECISION & ORDER that all claims against defendant Citigroup, Inc. are DISMISSED without prejudice; Defendants Citibank, N.A. and CitiMortgage, Inc.'s motion to dismiss is DENIED; Defendants MidFirst Bank, N.A. and FirstInsure, Inc.'s motion to dismiss is DENIED; and Defendants shall file an answer to the amended complaint on or before January 18, 2013. Signed

    Filed January 2, 2013

    42 U.S.C. § 4001(d). Under the NFIP, lenders must ensure that appropriate flood insurance coverage is maintained if a loan is secured by improved property located within a Special Flood Hazard Area.

  9. Clements v. JP Morgan Chase Bank, N.A.

    MOTION to Dismiss Complaint

    Filed June 13, 2012

    The NFIA was enacted in response to Congress’ concern that the private insurance industry was unable to offer reasonably priced flood insurance on a national basis. 42 U.S.C. § 4001(a), (b); see also Flick v. Liberty Mut. Fire Ins. Co., 205 F.3d 386, 387 (9th Cir. 2000).

  10. Rossetti et al v. Fidelity National Indemnity Insurance Company

    REPLY BRIEF to Opposition to Motion

    Filed August 22, 2016

    ¶¶ 7, 11.) On February 12, 2014, Plaintiff filed a two-count complaint alleging breach of contract, one pursuant to New Jersey state law and one pursuant to the National Flood Insurance Act of 1968, 42 U.S.C. §§ 4001-4129 (hereafter, “NFIA”), against Nationwide. Nationwide moved to dismiss both claims as barred by the statute of limitations and sought to strike Plaintiff's prayer for consequential damages and attorney's fees.