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H.R. 5484IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 414 · H.R. 5484

Reforming use of proof of loss forms

Title IV — Policyholder protection and fairness

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(a) In general Section 1312 of the National Flood Insurance Act of 1968 (42 U.S.C. 4019), as amended by section 409, is amended by inserting after subsection (i) the following: (j) No condition of payment of undisputed claim on proof of loss (1) In general Notwithstanding any other provision of law, or any term or condition of a standard flood insurance policy, the Administrator— (A) may not condition payment of an undisputed claim based on the submission of a proof of loss; and (B) may instead accept a report submitted by the insurance adjuster the Administrator hires to investigate the claim, if the report is signed by the policyholder, unless the Administrator determines that conditions make signature impracticable. (2) Refusal to accept amount paid Upon the refusal of a policyholder to accept the amount paid under paragraph (1), the Administrator may require the policyholder to submit a proof of loss within a timeframe determined by the Administrator.. (b) Guidance to defense attorneys The Administrator shall issue guidance for best practices for attorneys defending actions instituted under section 1333 or 1341, as applicable, of the National Flood Insurance Act of 1968 (42 U.S.C. 4053, 4072) (as amended by section 404(c)) relating to how to respond to unintentional errors in a proof of loss submitted by a policyholder under the National Flood Insurance Policy.

Sec. 414: Reforming use of proof of loss forms · Public Law Tracker