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Bill > H1036


MA H1036

Relative to civil liability for improper flood hazard determinations


summary

Introduced
03/29/2021
In Committee
03/29/2021
Crossed Over
Passed
Dead
12/31/2022

Introduced Session

192nd General Court

Bill Summary

Relative to civil liability for improper flood hazard determinations. Financial Services.

AI Summary

This bill amends Massachusetts law to allow 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 determination was incorrect and the owner suffered damages, such as failing to obtain flood insurance. The bill creates 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 the determination was conducted incorrectly. The court may award the building or structure owner actual damages, reasonable attorney's fees, and court costs.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Accompanied a study order, see H5167 (on 09/12/2022)

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