1. No insuring agent doing business in this Commonwealth shall pay a claim of a named insured for fire damage to a structure located within the Township where the amount recoverable for the fire loss to the structure under all policies exceeds seven thousand five hundred dollars ($7,500.00) unless the insuring agent is furnished with a certificate pursuant to subsection (2.) of this Section and unless there is compliance with the procedures set forth in subsections (1.) and (4.) of this Section.
2. A. The Tax Collector shall, upon the written request of the named insured specifying the tax description of the property, name and address of the insuring agent and the date agreed upon by the insurance company, association or exchange and the named insured as the date of the receipt of a loss report of the claim, furnish the insuring agent either of the following within fourteen (14) working days of the request:
(1) A certificate or, at the discretion of the Township in writing by the insurer to the effect that, as of the date specified in the request, there are no delinquent taxes, assessments, penalties or user charges against the property and that, as of the date of the Tax Collector’s certificate, the Township has not incurred by the municipality for the removal, repair or securing of a building or other structure on the property; or,
(2) A certificate and bill showing the amount of delinquent taxes, assessments, penalties and user charges against the property as of the date specified in the request that have not been paid as of the date of the certificate and also showing, as of the date of the Tax Collector’s certificate, the amount of the total costs, if any, that have been incurred by the Township for the removal, repair or securing of a building or other structure on the property. For the purposes of this subparagraph, the Tax Collector shall certify the total amount, if any, of such costs. A tax, assessment, penalty or user charge becomes delinquent at the time and on the date a lien could otherwise have been filed against the property by the Township under applicable law.
B. (1) Upon the receipt of a certificate pursuant to paragraph (A.)(1) of this subsection, insuring agent shall pay the claim of the named insured in accordance with the policy terms, unless the loss agreed to between the named insured and the insuring agent or exceeds sixty per centum (60%) of the aggregate limits of liability on all fire policies covering the building or other structure. In the case of such a loss, the insuring agent, the insured property owner and the municipality shall follow the procedures set forth in subsections (3.) and (4.) of this Section.
(2) Upon the receipt of a certificate and bill pursuant to paragraph (A.)(2) of this subsection, insuring agent shall return the bill to the Tax Collector and transfer to the Township an amount from the insurance proceeds necessary to pay the taxes, assessments, penalties, charges and costs as shown on the bill. The Township shall receive the amount and apply or credit it to payment of the items shown in the bill.
3. When the loss agreed to between the named insured and the insuring agent equals or exceeds sixty per centum (60%) of the aggregate limits of liability on all fire policies covering the building or other structure, the insuring agent shall transfer from the insurance proceeds to the Tax Collector in the aggregate two thousand dollars ($2,000.00) for each fifteen thousand dollars ($15,000.00) and each fraction of that amount of a claim, or, if at the time of a loss report the named insured has submitted a contractor’s signed estimate of the costs of removing, repairing or securing the building or other structure in an amount less than the amount calculated under the foregoing transfer formula, the insuring agent shall transfer from the insurance proceeds the amount specified in the estimate. The transfer of proceeds shall be on a pro rata basis by all companies, associations or exchanges insuring the building or other structure. Policy proceeds remaining after the transfer to the Township shall be disbursed in accordance with the policy terms. The named insured may submit a contractor’s signed estimate of the costs of removing, repairing or securing the building or other structure after the transfer, and the Tax Collector shall return the amount of the fund in excess of the estimate to the named insured if the Township has not commenced to remove, repair or secure the building or other structure.
4. Upon receipt of proceeds by the Township as authorized by this Section, the Tax Collector shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing incurred by the Township. Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by the Township in connection with such removal, repair or securing of the building or any proceedings related thereto. When transferring the funds as required in subsection (3.) of this Section, an insuring agent shall provide the Township with the name and address of the named insured, whereupon the Township shall contact the named insured, certify that the proceeds have been received by the Township and notify the named insured that the procedures under this subsection shall be followed. The fund shall be returned to the named insured when repairs, removal or securing of the building or other structure have been completed in accordance with all applicable ordinances, regulations and orders of the Township and the required proof of such completion received by the Tax Collector, and if the Township has not incurred any costs for repairs, removal or securing. If the Township has incurred costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the fund, and, if excess funds remain, the Township shall transfer the remaining funds to the named insured. Nothing in this Section shall be construed to limit the ability of a Township to recover any deficiency. Further, nothing in this subsection shall be construed to prohibit the Township and the named insured from entering into an agreement that permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated.
5. Proof of payment by the insuring agent of proceeds under a policy in accordance with subsection (3. of this Section is conclusive evidence of the discharge of its obligation to the insured under the policy to the extent of the payment and of compliance by the company, association or exchange with subsection (3.) of this Section.
6. Nothing in this Section shall be construed to make an insuring agent liable for any amount in excess of proceeds payable under its insurance policy or for any other act performed pursuant to this Section or to make a Township or public official an insured under a policy of insurance or to create an obligation to pay delinquent property taxes or unpaid removal liens or expenses other than as provided in this Section.
7. An insuring agent making payments of policy proceeds under this Section for delinquent taxes or structure removal liens or removal expenses incurred by the Township shall have a full benefit of such payment, including all rights of subrogation and of assignment.
8. Subsections (1.) and (2.) of this Section shall apply only to fire losses that occur after the effective date of this Part 8.
(Ord. 575, 6/17/2015, § 2)