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Bill > S627


MA S627

Relative to civil liability for improper flood hazard determinations


summary

Introduced
01/22/2019
In Committee
01/22/2019
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

191st General Court

Bill Summary

For legislation relative to civil liability for improper flood hazard determinations. Financial Services.

AI Summary

This bill allows the owner of a building or structure to bring a civil action against a company or contractor who completed a standard flood hazard determination form for a bank or insurance company, if the form incorrectly designated the building as being located in or outside of a special flood hazard area, and the owner suffered damages as a result, such as failing to obtain flood insurance. The bill establishes a rebuttable presumption that the flood hazard determination was conducted correctly if the form is certified by a professional engineer or land surveyor, but this presumption can be overcome if the court finds, based on a preponderance of the evidence, that the determination was conducted incorrectly. The court may award actual damages, reasonable attorney's fees, and court costs in such an action.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Accompanied a study order, see S2543 (on 02/18/2020)

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