Title 42 — The Public Health and WelfareRelease 119-73
§4019 Payment of claims
Title 42 › Chapter CHAPTER 50— - NATIONAL FLOOD INSURANCE › Subchapter SUBCHAPTER I— - THE NATIONAL FLOOD INSURANCE PROGRAM › § 4019
Summary
The Administrator must make rules that say how valid flood-insurance claims are adjusted and paid. If a building was built or greatly fixed on or before December 31, 1974, or before the area’s first flood insurance rate map took effect, the smallest yearly deductible is $1,500 for coverage up to $100,000 and $2,000 for coverage over $100,000. If the building was built or greatly fixed after that date or after the map took effect, the smallest yearly deductible is $1,000 for up to $100,000 and $1,250 for over $100,000. The Administrator cannot refuse to pay a condo owner who bought separate flood insurance just because the condo association or others also have coverage.
Full Legal Text
Title 42, §4019
The Public Health and Welfare — Source: USLM XML via OLRC
(a)The Administrator is authorized to prescribe regulations establishing the general method or methods by which proved and approved claims for losses may be adjusted and paid for any damage to or loss of property which is covered by flood insurance made available under the provisions of this chapter.
(b)(1)For any structure which is covered by flood insurance under this chapter, and on which construction or substantial improvement occurred on or before December 31, 1974, or before the effective date of an initial flood insurance rate map published by the Administrator under section 4101 of this title for the area in which such structure is located, the minimum annual deductible for damage to such structure shall be—
(A)$1,500, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount equal to or less than $100,000; and
(B)$2,000, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount greater than $100,000.
(2)For any structure which is covered by flood insurance under this chapter, and on which construction or substantial improvement occurred after December 31, 1974, or after the effective date of an initial flood insurance rate map published by the Administrator under section 4101 of this title for the area in which such structure is located, the minimum annual deductible for damage to such structure shall be—
(A)$1,000, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount equal to or less than $100,000; and
(B)$1,250, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount greater than $100,000.
(c)The Administrator may not deny payment for any damage to or loss of property which is covered by flood insurance to condominium owners who purchased such flood insurance separate and apart from the flood insurance purchased by the condominium association in which such owner is a member, based solely, or in any part, on the flood insurance coverage of the condominium association or others on the overall property owned by the condominium association.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b), was in the original a reference to “this title” meaning title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, known as the National Flood Insurance Act of 1968, which is classified principally to this chapter. For complete classification of this Act to the Code, see
Short Title
note set out under section 4001 of this title and Tables.
Amendments
2012—Pub. L. 112–141, § 100210, designated existing provisions as subsec. (a) and inserted heading, substituted “The Administrator is” for “The Director is”, and added subsec. (b). Subsec. (c). Pub. L. 112–141, § 100214, added subsec. (c). 1983—Pub. L. 98–181 substituted “Director” for “Secretary”.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 120 days following Aug. 1, 1968, or such later date prescribed by the Secretary but in no event more than 180 days following Aug. 1, 1968, see section 1377 of Pub. L. 90–448, set out as a note under section 4001 of this title.
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For
Transfer of Functions
, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and section 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Reference
Citations & Metadata
Citation
42 U.S.C. § 4019
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73