No insurance company doing business in the State of Ohio shall pay a claim of named insured for fire damaged to a structure located within the City of Massillon where the amount recoverable for the fire loss to the structure under all insurance policies exceeds five thousand dollars ($5,000) and is greater than or equal to sixty percentum (60%) of all fire insurance policy monetary limitations unless there is compliance with the following procedures:
(a) When the loss agreed to between the named insured or insureds and the insurance company or insurance companies equals or exceeds sixty percentum (60%) of the aggregate limits of liability on all fire policies covering the building or structure, the insurance company or companies in accordance with Ohio R.C. 715.26(f) shall transfer from the insurance proceeds to the City Auditor in the aggregate amount of two thousand dollars ($2,000) for each fifteen thousand dollars ($15,000), and each fraction of that amount, of a claim, or, if at the time of a proof of loss agreed to between the named insured or insureds and the insurance company or companies the named insured or insureds have submitted a contractor’s signed estimate of the costs of removing, repairing, or securing the building or other structure, shall transfer from the insurance proceeds the amount specified in the estimate. There shall be a minimum transfer of one thousand dollars ($1,000).
(Ord. 124-2007. Passed 11-5-07.)
(Ord. 124-2007. Passed 11-5-07.)
(1) Such transfer of proceeds shall be on a pro rata basis by all companies insuring the building or structure. Policy proceeds remaining after the transfer to the City of Massillon may be disbursed in accordance with the policy terms.
(2) The named insured or insureds 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 City Auditor, after notifying the Building Inspector, shall return the amount of the fund in excess of the estimate to the named insured or insureds, provided that the City of Massillon has not commenced to remove, repair or secure the building or other structure.
(b) (1) Upon receipt of proceeds by the City of Massillon as authorized by this Section, the City Auditor 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 City of Massillon pursuant to Ohio R.C. 715.261.
(2) When transferring the fund as required in subsection (a) hereof, an insurance company shall provide the City of Massillon with the name and address of the named insured or insureds whereupon the City of Massillon shall contact the named insured or insureds, certify that the proceeds have been received by the City of Massillon and notify them that the following procedures will be followed:
(3) The fund shall be returned by the City Auditor to the named insured or insureds when repairs, or removal, or securing of the building or other structure have been completed and the required proof is received by the Building Inspector, provided that, the City of Massillon has not incurred any costs for such repairs, removal, or securing. If the City of Massillon has incurred any costs for repairs, removal or securing of the building or other structure, such costs shall be paid from the fund and if excess funds remain, the City of Massillon shall transfer the remaining funds to the named insured or insureds after repair, rebuilding or removal has been completed. Nothing in this section shall be construed to limit the ability of the City of Massillon to recover any deficiency under Ohio R.C. 715.261.
(4) Nothing in Ohio R.C. 3929.86(C) and (D) as adopted herein, shall be construed to prohibit the City of Massillon and the named insured or insureds from entering into an agreement that permits the transfer of funds to the named insured or insureds if some other reasonable disposition of the damaged property has been negotiated.
(Ord. 130-1981. Passed 1-20-82.)