The U.S. Senate voted 59-38 on April 15th to re-authorize
the FEMA-administered National Flood Insurance Program (NFIP)
through the end of May, after allowing the program to lapse for
almost three weeks during a Congressional recess. President
Obama signed the measure into law as part of a bill authorizing
an emergency extension of unemployment benefits and COBRA
health insurance for laid-off workers, reports SNL Insurance
Weekly
("
Obama Signs Retroactive Flood Insurance Extension," by R.J.
Lehmann). The New Orleans Times-Picayune covers the sharp
partisan debate surrounding the Senate vote on the
re-authorization measure here
("
National Flood Insurance Program temporarily extended," by
Jonathan Tilove).
With the short-term extension achieved, a House committee
held hearings on April 21 to consider NFIP's underlying
long-term problems — which include an $18 billion debt
to the Treasury, widespread political opposition to the
re-drawing of Flood Insurance Rate Maps, and, according to some
witnesses, conflicts of interest within the private insurance
companies tasked with writing insurance coverage and adjusting
claims. Written statements of witnesses, along with a streaming
video of the 2-hour hearings, are posted at the House Committee
on Financial Services Subcommittee on Housing and Economic
Opportunity
(“
Legislative Proposals to Reform the National Flood Insurance
Program”).
Several Congressional representatives voiced complaints on
behalf of constituents who had been newly placed into
designated flood plains as part of the ongoing revision of
floodplain maps conducted by the US Army Corps of Engineers and
FEMA. California Representative Doris Matsui said 15,000
households in her Sacramento district face a new requirement to
pay $1,250 a year for flood insurance, even though state and
local governments are spending hundreds of millions of dollars
on levee improvements designed to provide the area with a
200-year level of flood protection. FEMA's map revisions,
Matsui said, did not take that levee improvement work into
account.
Louisiana Representative Steve Scalise focused on the
performance — or non-performance — of the
Flood Insurance Program for homeowners who actually carried
insurance and were hit by Hurricane Katrina in 2005. "Many
homeowners were forced to sue their insurance companies in
order to recoup any money from their policies," said Scalise.
"Some insurance companies over-billed the NFIP for flood
damage, while denying homeowners on wind damage payments."
House bill H.R. 1264, titled,
"
The Multiple Peril Insurance Act," co-sponsored by
Congressman Scalise and Mississippi Congressman Gene Taylor,
would add windstorm coverage to the flood insurance program.
The idea is to combine coverage against wind and flood within a
single policy, so insurers could not play one type of coverage
off against the other to avoid paying out.
At last week's hearings, Taylor slammed the insurance
industry, charging that insurers used loopholes in coverage to
drag their feet after Hurricane Katrina. Said Taylor
(
view
clip), "It wasn't just average Joes. It was the President
of the United States Senate, Federal judges — if you
can say one thing about the insurance companies after Katrina:
they screwed everyone equally. But the sad part is that they
screwed everyone." Taylor's bill, he said, would "prevent the
horrible situation where tens of thousands of homeowners have
to sue their insurance company to have a claim paid that should
have been paid the day after the storm."
Insurance coverage should cover storm losses, Taylor argued,
not the American taxpayer — "but after Katrina," he
said, "it was the American taxpayer that paid." Said Taylor,
"We keep looking at what the flood insurance program lost. But
because the private sector did not pay their fair share, the
same season that the insurance industry had $44 billion in net
profits [in 2005], our nation lost $53 billion to Katrina.
We're trying to keep that from happening again."
The present program is unsustainable, Taylor argued, because
of a conflict of interest within the insurance industry. "We
hire the private sector to sell the policy," he told the
committee. "No problem there. But we hire the private sector to
adjust the claim. After Katrina, agents from State Farm,
Allstate, Nationwide, et cetera, walked into a piece of
property where the house was gone, and had to make the
decision, did the wind do it? Which means their company pays?
Or did the water do it, which means the national flood
insurance pays? Every time they walked on that piece of
property, they said the water did it — the Federal
Government's got to pay."
Heavy hurricane seasons in 2004 and 2005, culminating with
the disaster of Katrina, left the NFIP $18 billion in the red
and scraping against its credit limit, as the program borrowed
from the U.S. Treasury to cover claims. But adding new
homeowners to the pool of insured people, testified FEMA
administrator Craig Fugate, would not necessarily help the
program become more solvent
(
view
clip). "The simple math would suggest, absent floods, we'll
have more revenue coming in," Fugate explained. "The reality
is, you're basing it on a one percent per annum risk, which
means that these people are most likely to flood. And you're
trying to make the program actuarially sound based on only the
requirement that the policies be written at the highest risk.
So you may see some short-term increase in funding, but the
long-term exposure is actually greater. What the maps are doing
in many cases is just more accurately depicting what that risk
was. But that pool, even if it grows, does not offset the
exposure — in fact the exposure increases."