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Bill > H3743


MA H3743

MA H3743
Relative to civil liability for improper flood hazard determinations


summary

Introduced
03/27/2017
In Committee
06/07/2017
Crossed Over
Passed
Dead
12/31/2018

Introduced Session

190th General Court

Bill Summary

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 that completes a standard flood hazard determination form for a bank or insurance company if the form incorrectly designates the building or structure as being located within or outside a special flood hazard area, and the owner suffers damages, 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 the determination was conducted incorrectly. The court may award the building owner actual damages, reasonable attorney's fees, and court costs.

Committee Categories

Business and Industry

Sponsors (4)

Last Action

Accompanied a study order, see H4778 (on 07/18/2018)

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