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Massachusetts law about flood insurance

A compilation of laws, regulations, cases, and web sources on flood insurance law by the Trial Court Law Libraries.

Table of Contents

Massachusetts laws

MGL c.175, § 102D National flood insurance program

MGL c.183, § 69 Flood insurance; limits on amount of coverage required to be purchased
Prohibits creditors from requiring residential flood insurance in excess of the outstanding mortgage balance, or with a deductible of less than $5000.

Massachusetts regulations

209 CMR 57 Flood insurance

Federal laws

42 USC §§ 4001-4131 National Flood Insurance Program

Federal regulations

44 CFR 59-80 National Flood Insurance Program

Selected case law

Kelly v. Director, Federal Emergency Management Agency, 549 F. Supp. 8 (D. Mass. 1981)
The court ruled that state and federal courts have concurrent jurisdiction under the National Flood Insurance Act.

Matusevich v. Middlesex Mutual Assurance, 782 F.3d 56 (1st Circ. 2015)
Discussion of what constitutes a basement with respect to flood loss claim under the Standard Flood Insurance Policy.

Miller v. Macy, 526 F. Supp. 46 (D. Mass. 1981)
This case defines a continuous state or single flood within the meaning of a flood insurance policy.

Nabhan v. National Con-Serv Inc, 1 F.Supp. 2d 91 (D. Mass. 1998)
One year period for bringing a lawsuit on a standard flood insurance policy started when a servicing agent sent a claim denial letter. Statute of limitations did not reset when FEMA reconsidered claim and made offer of settlement.

Web sources

Flood assistance and insurance information, Mass. Division of Insurance
Covers who needs flood insurance, and how to file a claim.

Is my flood damage covered?, Mass. Division of Insurance
Explains what is typically covered by flood insurance.

The national flood insurance program, FEMA
Includes information on how to purchase flood insurance, other flood insurance resources, and links to flood maps.

National flood insurance program laws and regulations, FEMA
Links to federal laws and regulations.

Standard flood insurance policy forms, FEMA
The National Flood Insurance Program (NFIP) offers three Standard Flood Insurance Policy forms. These forms provide policyholders with a description of their coverage and other important coverage information.

Print sources

Federal common law and preemption under national flood insurance act 42 U.S.C.A. sec. 4001 et seq., 36 ALR Fed 3d Art. 6.

Miller's standard insurance policies annotated, West, loose-leaf

Nature and limitation of insurance coverage under national flood insurance act 42 U.S.C.A. sec. 4013, 37 ALR Fed 3d Art. 5.

Real estate law with forms, (Mass. Practice v.28A), West, annual softcover edition, section 25:8 Environmental regulation- National Flood Insurance Program (NFIP).

Contact

Online

Law library locations and phone numbers Library locations 
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Reference librarians via email masslawlib@gmail.com
Last updated: August 2, 2021
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