42 USC 4021 - Participation in State disaster claims mediation programs

U.S Code last checked for updates: Feb 22, 2025

§ 4021.

Participation in State disaster claims mediation programs

(a)

Requirement to participate

(b)

Extent of participation

In satisfying the requirements of subsection (a), the Administrator shall require that each representative of the Administrator—

(1)

be certified for purposes of the national flood insurance program to settle claims against such program resulting from such disaster in amounts up to the limits of policies under such program;

(2)

attend State-sponsored mediation meetings regarding flood insurance claims resulting from such disaster at such times and places as may be arranged by the State;

(3)

participate in good-faith negotiations toward the settlement of such claims with policyholders of coverage made available under the national flood insurance program; and

(4)

finalize the settlement of such claims on behalf of the national flood insurance program with such policyholders.

(c)

Coordination

(d)

Qualifications of mediators

Each State mediator participating in State-sponsored mediation under this section shall be—

(1)

(A)

a member in good standing of the State bar in the State in which the mediation is to occur with at least 2 years of practical experience; and

(B)

an active member of such bar for at least 1 year prior to the year in which such mediator’s participation is sought; or

(2)

a retired trial judge from any United States jurisdiction who was a member in good standing of the bar in the State in which the judge presided for at least 5 years prior to the year in which such mediator’s participation is sought.

(e)

Mediation proceedings and documents privileged

(f)

Liability, rights, or obligations not affected

Participation in State-sponsored mediation, as described in this section does not—

(1)

affect or expand the liability of any party in contract or in tort; or

(2)

affect the rights or obligations of the parties, as established—

(A)

in any regulation issued by the Administrator, including any regulation relating to a standard flood insurance policy;

(B)

under this chapter; and

(C)

under any other provision of Federal law.

(g)

Exclusive Federal jurisdiction

(h)

Cost limitation

(i)

Exception

In the case of the occurrence of a major disaster that results in flood damage claims under the national flood insurance program and that does not result in any loss covered by a personal lines residential property insurance policy—

(1)

this section shall not apply; and

(2)

the provisions of the standard flood insurance policy under the national flood insurance program and the appeals process established under section 205 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 note) and the regulations issued pursuant to such section shall apply exclusively.

(j)

Representatives of the Administrator

(Pub. L. 90–448, title XIII, § 1314, as added Pub. L. 112–141, div. F, title II, § 100223, July 6, 2012, 126 Stat. 934.)

cite as: 42 USC 4021