A standard flood insurance policy, issued under the National Flood Insurance Program, was renewed by the insured on her home with an effective date of September 14, 1984 and an expiration date of September 14, 1987. The policy contained an "elevated structure exclusion" for flood damage to structural enclosures and contents below the elevated floor of the covered dwelling.

The lower and upper levels of the home were damaged by flood waters in October, 1986. Concluding that the structure was of an elevated nature, an inspection by a general adjuster certified by the NFIP and, later, reinspection by a NFIP adjuster, resulted in covered damage estimates of less than $5,000. Earlier inspection a public adjuster retained by the insured indicated actual damages far in excess of that figure.

The insured brought action in federal court to obtain judicial review of the decision by the Federal Emergency Management Agency and the application of her insurance coverage. The FEMA counterclaimed to recover that portion of a sum it previously paid to the insured for a flood loss in March of 1985 to property damaged below the lowest elevated floor.

Of major importance to the court in making its determination was a new FEMA regulation, effective October 1, 1988, making the "elevated structure exclusion" applicable only to elevated "PostFIRM "buildings and not to elevated "Pre-FIRM" buildings. "Post-FIRM" buildings are defined as "those buildings which were constructed or substantially improved on or after the effective date of the initial Flood Insurance Rate Map (FIRM) for the community or after December 31, 1974, whichever is later." Having been built prior to or during 1966, the insured's home was clearly a "Pre-FIRM" structure. Accordingly, loss incurred under the insured's national flood insurance policy were found not subject to the application of the "elevated structure exclusion."

The FEMA's counterclaim for alleged overpayment to the insured for the March, 1985 flood loss was denied. With respect to the October, 1986 flood loss, judgment was entered in the insured's favor for the full amount of the policy's limits for the dwelling and its contents, less the $1,000 deductible.

SPRINGMEYER, Plaintiff v. FEDERAL EMERGENCY MANAGEMENT AGENCY ET AL., Defendants. United States District Court, Eastern District of Missouri, Eastern Division. No. 88- 1693C(1). August 9, 1989. CCH 1989-90 Fire and Casualty Cases, Paragraph 2042.