Insurance
Insurance – 705(c)
Broward County School Board of Florida
<<RETURN

44 C.F.R. 206.253(b)(2) provides that if a facility that is insured under a blanket insurance policy is damaged in a similar (other than flood) future disaster; eligible costs will be reduced by the amount of eligible damage sustained on the previous disaster.Here; the $298;052.83 in costs to repair the facility in PW 467 are ineligible because the Applicant utilized a blanket insurance policy at the time of the disaster and the same facility sustained eligible damage in excess of $400;000.00 in a prior; similar; other than flood disaster.Section 705(c) of the Stafford Act bars FEMA from deobligating any payment to a State or local government if: (1) the payment was authorized in an approved agreement specifying the costs; (2) the costs were reasonable; and (3) the purpose of the grant was accomplished. Further; FP 205-081-2; Stafford Act Section 705; Disaster Grant Closeout Procedures; states that this section applies even if FEMA later determines that it made an error in determining the eligibility of the previously awarded funding.

FEMA-1609
2018

44 Fed. Reg. 64560.Terrebonne Par. Consol. Gov’t; FEMA-1786-DR-LA; at 3-4.Fla. Insurance Guaranty Ass’n v. B.T. of Sunrise Cond. Ass’n; Inc.; 46 So. 3d 1039 (Fla. App. Ct. 2010); S. Fla. Water Mgmt. Dist. v. FEMA; 2014 U.S. Dist. LEXIS 133153 (S.D. Fla. Sept. 17; 2014).Headnotes44 C.F.R. § 206.253(b)(2) provides that if a facility that is insured under a blanket insurance policy is damaged in a similar (other than flood) future disaster; eligible costs will be reduced by the amount of eligible damage sustained on the previous disaster.Here; the $298;052.83 in costs to repair the facility in PW 467 are ineligible because the Applicant utilized a blanket insurance policy at the time of the disaster and the same facility sustained eligible damage in excess of $400;000.00 in a prior; similar; other than flood disaster.Section 705(c) of the Stafford Act bars FEMA from deobligating any payment to a State or local government if: (1) the payment was authorized in an approved agreement specifying the costs; (2) the costs were reasonable; and (3) the purpose of the grant was accomplished. Further; FP 205-081-2; Stafford Act Section 705; Disaster Grant Closeout Procedures; states that this section applies even if FEMA later determines that it made an error in determining the eligibility of the previously awarded funding.

<<Open FEMA PA Appeal Link