Following Superstorm Sandy, the Federal Emergency Management Agency (FEMA) extended the deadline to submit a proof of loss for Sandy-related claims from the 60-day period provided for by the agency’s regulations to 12 months. On October 1, 2013, this deadline was further extended to 18 months and applies to Sandy-related flood damage claims occurring between October 25, 2012, and November 6, 2012, in Maine, Vermont, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Washington, D.C., West Virginia, Virginia, North Carolina, South Carolina, Georgia and Florida.
Federal law requires that all suits under the National Flood Insurance Program (NFIP) be brought within one year of the date that a policyholder’s claim is denied. This statute of limitations has not been extended.
FEMA issued a bulletin on November 21, 2013, explaining that although it has the power to extend the proof of loss deadline, the NFIP statute of limitations was created through an act of Congress and, consequently, FEMA has no authority to extend it. Therefore, while the proof of loss requirements have been extended, the statute of limitations (one year from the date of denial) continues to remain in force.