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42 U.S. Code § 4057. Alternative loss allocation system for indeterminate claims
(a) DefinitionsIn this section:
(1) Administrator
The term “Administrator” means the Administrator of the Federal Emergency Management Agency.
(2) COASTAL Formula
The term “COASTAL Formula” means the formula established under subsection (b).
(3) Coastal State
The term “coastal State” has the meaning given the term “coastal state” in section 1453 of title 16, except that the term shall not apply with respect to a State or territory that has an operational wind and flood loss allocation system.
(4) Indeterminate loss
(A) In general
The term “indeterminate loss” means, as determined by an insurance claims adjuster certified under the national flood insurance program and in consultation with an engineer as appropriate, a loss resulting from physical damage to, or loss of, property located in any coastal State arising from the combined perils of flood and wind associated with a named storm.
(B) RequirementsAn insurance claims adjuster certified under the national flood insurance program shall only determine that a loss is an indeterminate loss if the claims adjuster determines that—
(i)
no material remnant of physical buildings or man-made structures remain except building foundations for the specific property for which the claim is made; and
(ii)
there is insufficient or no tangible evidence created, yielded, or otherwise left behind of the specific property for which the claim is made as a result of the named storm.
(5) Named storm
The term “named storm” means any organized weather system with a defined surface circulation and maximum sustained winds of not less than 39 miles per hour which the National Hurricane Center of the United States National Weather Service names as a tropical storm or a hurricane.
(6) Post-storm assessment
The term “post-storm assessment” means the post-storm assessment developed under section 3611(b) of title 33.
(7) State
The term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
(8) Secretary
The term “Secretary” means the Secretary of Homeland Security.
(9) Standard insurance policy
The term “standard insurance policy” means any insurance policy issued under the national flood insurance program that covers loss or damage to property resulting from water peril.
(10) Property
The term “property” means real or personal property that is insured under a standard insurance policy for loss or damage to structure or contents.