42 USC 4018 - Operating costs and allowances; definitions

U.S Code last checked for updates: Apr 20, 2024

§ 4018.

Operating costs and allowances; definitions

(a)

The Administrator shall from time to time negotiate with appropriate representatives of the insurance industry for the purpose of establishing—

(1)

a current schedule of operating costs applicable both to risk-sharing insurance companies and other insurers and to insurance companies and other insurers, insurance agents and brokers, and insurance adjustment organizations participating on other than a risk-sharing basis, and

(2)

a current schedule of operating allowances applicable to risk-sharing insurance companies and other insurers,

which may be payable in accordance with the provisions of subchapter II, and such schedules shall from time to time be prescribed in regulations.

(b)

For purposes of subsection (a)—

(1)

the term “operating costs” shall (without limiting such term) include—

(A)

expense reimbursements covering the direct, actual, and necessary expenses incurred in connection with selling and servicing flood insurance coverage;

(B)

reasonable compensation payable for selling and servicing flood insurance coverage, or commissions or service fees paid to producers;

(C)

loss adjustment expenses; and

(D)

other direct, actual, and necessary expenses which the Administrator finds are incurred in connection with selling or servicing flood insurance coverage; and

(2)

the term “operating allowances” shall (without limiting such term) include amounts for profit and contingencies which the Administrator finds reasonable and necessary to carry out the purposes of this chapter.

(Pub. L. 90–448, title XIII, § 1311, Aug. 1, 1968, 82 Stat. 579; Pub. L. 98–181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112–141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)

cite as: 42 USC 4018