Sec. 403. Mold damage clarification
259 words·~1 min read·
/bill/115/hr/3285/ih/section-403A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Administrator shall amend the Standard Flood Insurance Policy to provide that— as a general rule, loss caused by water, moisture, mildew, or mold caused by a flood is covered by flood insurance under the National Flood Insurance Program; the exemption from coverage for water, moisture, mildew, or mold damage caused by a policyholder who is truly derelict in inspecting or maintaining a property after a flood recedes is a limited exemption; in the case of water, moisture, mildew, or mold damage described in paragraph (2), only the amount of water, moisture, mildew, or mold that built up because of the dereliction of duty, and only during the time when the water, moisture, mildew, or mold build-up reasonably could have been mitigated, shall not be covered; the determination that a policyholder was truly derelict as described in paragraph
(2)is a high bar to meet; and the evaluation of whether a policyholder was truly derelict as described in paragraph
(2)shall be made in light of the behavior that could reasonably be expected from a survivor in the aftermath of a particular flood event, which may include a natural disaster, given the challenges facing a policyholder in that situation, including— difficulty in inspecting or maintaining the property; the need to address other, more immediate priorities, including the health and well-being of the policyholder and his or her family, preservation of basic items, displacement, shock, and other issues that make inspection and mitigation a near-term challenge; and difficulty in finding qualified experts during the surge of demand following a flood.