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Second Appeal Brief
PA ID# 085-46155-00; City of Logan
PW ID# 1748; Mandatory NFIP Deductions
Citation: FEMA-1763-DR-IA, City of Logan, PW 1748
Reference: Mandatory NFIP Deductions
Summary: FEMA prepared PW 1748 for $10,323 to reimburse the City of Logan (Applicant) for contents in its maintenance buildings that were damaged or destroyed by the flood. The PW reflected a mandatory flood insurance reduction of $15,987 because the maintenance buildings were located in a special flood hazard area. The Applicant stated it had a flood insurance policy with a $100,000 deductible; therefore, FEMA should reimburse the total amount of the claim. FEMA applied the mandatory National Flood Insurance Policy reduction because the contents could have been more fully insured under a standard NFIP policy pursuant to 44 CFR §206.252, Insurance requirements for facilities damaged by flood. The Acting Regional Administrator sustained the initial determination on first appeal.
Issue: 1. Is the standard NFIP reduction required when the Applicant has a blanket insurance policy with a $100,000 deductible?
Finding: 1. Yes.
Rationale: 44 CFR Part 61.1, and 44 CFR §206.252(a), Insurance requirements for facilities damaged by flood.