Sec. 404. Appeal of decisions relating to flood insurance coverage
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Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 ) is amended by adding at the end the following: The Administrator shall, by regulation, establish an appeals process through which holders of a flood insurance policy may appeal the decisions, with respect to claims, proofs of loss, and loss estimates relating to such flood insurance policy, of any— insurance agent or adjuster, or insurance company; or employee or contractor of the Federal Emergency Management Agency.
The Administrator shall establish a deadline for filing an appeal under this subsection that is not less than 1 year after the date on which the decision being appealed was made. The Administrator shall ensure that a claimant is provided with the rules, forms, and deadlines for an appeal under this subsection at the time a claim is first denied in full or in part, including— the effective date of the denial; a justification for the denial, including supporting documentation; the date on which the period of limitation for instituting an action against the Administrator on the claim under section 1333 or 1341, as applicable, will end; and a point of contact through which the claimant can directly discuss an appeal with a representative of the Federal Emergency Management Agency.
Not later than 90 days after the date as of which a policyholder has submitted all necessary information relating to an appeal under this subsection, the Administrator shall provide an appeal decision in writing to the policyholder and insurer, including specific information for the resolution of the appeal. If the Administrator does not comply with the deadline under subparagraph (A)— the appeal shall be deemed granted; and the Administrator shall award the policyholder the full amount of the claim.
If the Administrator denies an appeal filed by a policyholder under this subsection, the Administrator shall include with the notice of denial— an explanation of the legal options of the policyholder for further challenging the denial; and the date on which the period of limitation for instituting an action against the Administrator on the claim under section 1333 or 1341, as applicable, will end. Not later than 180 days after the date of enactment of this subsection, the Administrator shall by regulation establish a process through which a flood insurance policyholder, instead of submitting an appeal under subsection
(d)to the Administrator, may request that the appeal be heard through independent, binding arbitration. . Nothing in the amendment made by subsection
(a)shall be construed to require the Administrator to repeal the regulations promulgated under section 205 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( 42 U.S.C. 4011 note), or to promulgate new regulations, except as necessary to implement that amendment.
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