[CLC-Discussion] FEMA - Flood Insurance Claims

Barry Ansbacher Barry.Ansbacher at ansbacher.net
Mon Apr 16 05:34:59 PDT 2018


 Colleagues,

I am exploring options in response to a partial denial of a FEMA flood insurance claim made on behalf of a condominium client. The client suffered significant flood damage which FEMA does not dispute. The issues are that FEMA, based apparently on an internal cost estimating program, is tendering less than the actual repair cost for covered damage. In addition, the building cannot be repaired without constructing a temporary access road to allow the heavy equipment to be mobilized. FEMA considers this significant expense to an uncovered “off-site” improvement since the road is obviously not within the footprint of the covered building.

In exploring options, it appears that we can take an administrative appeal, an insurance appraisal, or pursue litigation in Federal court. Can anyone offer any suggestions regarding the efficacy and preference of the alternative dispute resolution vehicles in this context?

Much appreciated.

Barry



Barry B. Ansbacher
Board Certified Real Estate Attorney
Board Certified Construction Lawyer
Barry.Ansbacher at ansbacher.net



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