Flood insurance hikes are slow-moving 'hurricane,' state lawyers argue in high-stakes hearing [The Advocate, Baton Rouge, La.] - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Newswires
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Advertise
    • Contact
    • Editorial Staff
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Newswires RSS Get our newsletter
Order Prints
September 15, 2023 Newswires
Share
Share
Post
Email

Flood insurance hikes are slow-moving 'hurricane,' state lawyers argue in high-stakes hearing [The Advocate, Baton Rouge, La.]

Advocate, The (Baton Rouge, LA)

Sep. 14—Sharp flood insurance increases are provoking a slow-moving "hurricane" in Louisiana, state lawyers argued Thursday in a high-stakes federal court hearing in New Orleans that could determine the future of sweeping changes to the nation's system for setting rates.

The day-long hearing was part of a lawsuit filed by Louisiana and nine other states against the federal government over premium increases under the National Flood Insurance Program, which is overseen by FEMA. U.S. Judge Darrel James Papillion of the Eastern District of Louisiana called the complex case "of great public concern" and pledged a ruling as "promptly as possible."

Papillion, who was nominated to the federal bench by President Joe Biden, is being asked by the states, parishes, municipalities and levee districts filing the suit to issue an injunction and halt the premium changes. The federal government, meanwhile, is calling on him to dismiss the case entirely.

"This is a hurricane," state Solicitor General Liz Murrill told the court. "It is a slow-moving storm. It is catastrophic in its own right, and we can redress it today. We can stop it from moving further, and we can fix some of the damage and we can make them go back and fix the rest."

Lawyers for the U.S. Department of Justice argued that the states did not have standing to sue over the issue and had not shown sufficient harm to put a stop to the new program, known as Risk Rating 2.0. They called the claims of widespread ripple effects linked to the premium increases speculation without legal basis and said that, while affordability was important, laws do not require the government to take it into account as the states argue.

"They just have not substantiated that Risk Rating 2.0 premium increases will be so dramatic for such a large population of people that they will be forced to leave their homes and not obtain housing, period," said Yoseph Desta, one of the federal government's lawyers.

Louisiana has more NFIP policies per capita than any other state and is thus being hit especially hard by the premium hikes. Increases for existing policies are limited to 18% per year by law, but they compound over time and can add up to big numbers.

New policies are priced at the full rates immediately, producing sticker shock for some seeking to buy homes and, according to testimony Thursday, causing a significant number of people to back out of purchases.

Louisiana homeowners were projected to see hikes totaling 134% on average under data released by FEMA in April, though those numbers are evolving based on changes in risk, including climate change, and other factors. Especially flood-prone areas are projected to see far higher increases.

The April data showed the highest projected percentage increase in the nation was Plaquemines Parish's 70082 ZIP code, with average hikes of 1,098%. St. Charles Parish President Matthew Jewell was among the witnesses to testify Thursday, saying the effects there so far included a slowdown in new construction and a loud outcry from residents.

FEMA says the changes make the system fairer for everyone since the new formula weighs the risk of each individual home, doing away with the flawed maps used in the past. That will stop the practice of premiums for pricey beachfront houses effectively being subsidized by those for older, less expensive houses, it says.

Risk Rating 2.0 began for new policies in October 2021 and for renewals starting in April 2022. It calculates premiums through an algorithm that incorporates a list of factors, such as rebuilding cost, distance from water, ground elevation and construction type.

State officials accuse FEMA of a lack of transparency in setting the rates, labelling the algorithm a "black box." Much of the data being used is proprietary and not available publicly, and FEMA initially only released first-year projections of rate increases, masking the full impact over time.

Testimony on Thursday also came from Casey Tingle, head of the Governor's Office of Homeland Security and Emergency Preparedness, who described how federal grants can sometimes require homeowners to carry flood insurance. Wendy Thibodeaux, the Lafourche Parish assessor, said she was concerned the new rates would badly affect property values there, suggesting that oil and gas workers living in the parish may be priced out of the market.

Dwayne Bourgeois, executive director of the North Lafourche Levee District, said in his testimony that he did not believe levees and other flood protection measures were being accurately reflected in the new rates.

But while the state's arguments will likely resonate with many Louisianans, laying out a convincing legal case may pose another challenge. Federal lawyers repeatedly argued that the states were relying on speculation and asserted certain points were simply wrong.

The federal government has already spent more than five years and between $60 and $80 million on Risk Rating 2.0, according to court filings. In addition to more accurately pricing risk, the new system is meant to set the NFIP, currently $20.5 billion in debt, on a more stable financial footing.

"If Risk Rating 2.0 is set aside, what would end up happening is, unfortunately, policyholders in northern Louisiana, who have rate decreases as a result of Risk Rating 2.0 ... would go back to subsidizing unfairly policyholders in southern Louisiana and across the country," said Desta.

The nine other states in the lawsuit are: Florida, Idaho, Kentucky, Mississippi, Montana, North Dakota, South Carolina, Texas and Virginia.

___

(c)2023 The Advocate, Baton Rouge, La.

Visit The Advocate, Baton Rouge, La. at www.theadvocate.com

Distributed by Tribune Content Agency, LLC.

Older

Progressive Reports August 2023 Results

Newer

AM Best Affirms Credit Ratings of Pozavarovalnica Sava d.d.

Advisor News

  • NAIFA: Financial professionals are essential to the success of Trump Accounts
  • Changes, personalization impacting retirement plans for 2026
  • Study asks: How do different generations approach retirement?
  • LTC: A critical component of retirement planning
  • Middle-class households face worsening cost pressures
More Advisor News

Annuity News

  • Trademark Application for “INSPIRING YOUR FINANCIAL FUTURE” Filed by Great-West Life & Annuity Insurance Company: Great-West Life & Annuity Insurance Company
  • Jackson Financial ramps up reinsurance strategy to grow annuity sales
  • Insurer to cut dozens of jobs after making splashy CT relocation
  • AM Best Comments on Credit Ratings of Teachers Insurance and Annuity Association of America Following Agreement to Acquire Schroders, plc.
  • Crypto meets annuities: what to know about bitcoin-linked FIAs
More Annuity News

Health/Employee Benefits News

  • $2.67B settlement payout: Blue Cross Blue Shield customers to receive compensation
  • Sen. Bernie Moreno has claimed the ACA didn’t save money. But is that true?
  • State AG improves access to care for EmblemHealth members
  • Arizona ACA enrollment plummets by 66,000 as premium tax credits expire
  • HOW A STRONG HEALTH PLAN CAN LEAD TO HIGHER EMPLOYEE RETENTION
More Health/Employee Benefits News

Life Insurance News

  • Corporate PACs vs. Silicon Valley
  • IUL tax strategy at center of new lawsuit filed in South Carolina
  • National Life Group Announces 2025-2026 LifeChanger of the Year Grand Prize Winner
  • International life insurer Talcott to lay off more than 100 in Hartford office
  • International life insurer to lay off over 100 in Hartford office
Sponsor
More Life Insurance News

- Presented By -

Top Read Stories

More Top Read Stories >

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Elevate Your Practice with Pacific Life
Taking your business to the next level is easier when you have experienced support.

LIMRA’s Distribution and Marketing Conference
Attend the premier event for industry sales and marketing professionals

Get up to 1,000 turning 65 leads
Access your leads, plus engagement results most agents don’t see.

What if Your FIA Cap Didn’t Reset?
CapLock™ removes annual cap resets for clearer planning and fewer surprises.

Press Releases

  • RFP #T22521
  • Hexure Launches First Fully Digital NIGO Resubmission Workflow to Accelerate Time to Issue
  • RFP #T25221
  • LIDP Named Top Digital-First Insurance Solution 2026 by Insurance CIO Outlook
  • Finseca & IAQFP Announce Unification to Strengthen Financial Planning
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Advertise
  • Contact
  • Editorial Staff
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet