Insurance

Summary Paragraph

During the declared event, heavy rainfall and runoff into the Mohawk River resulted in overflowing of the river’s banks, causing widespread flooding in the City of Amsterdam (Applicant).  The Applicant owned and operated the Greater Amsterdam Riverlink Café Building (Facility), which was located in a Special Flood Hazard Area identified as Zone A and damaged by the floodwaters. The Applicant had an insurance policy in effect that provided coverage for flood damages in excess of the maximum coverage available under the National Flood Insurance Program (NFIP).  The Applicant did not have flood insurance coverage under NFIP.  FEMA obligated PW 8601 for costs associated with the repair of eligible damages to the Facility in the amount of $35,502.11.  After review by a FEMA insurance specialist, FEMA reduced the funding by $30,494.43 to reflect the mandatory NFIP deduction and then obligated the PW in the amount of $5,007.68.  In its first appeal, the Applicant asserted that the damaged Facility was not in the 100 year flood zone and should not be subject to the mandatory NFIP reduction.  Upon review, the Regional Administrator denied the appeal, contending that FEMA had made the correct eligibility determination.  In its second appeal, the Applicant provides additional documentation, claiming it demonstrates the Facility is not in the 100 year floodplain.

Authorities and Second Appeals

• 44 C.F.R. § 206.252(a)