No insurance company doing business in the State shall pay a claim of named insured for fire damage to a structure located within the Village 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 percent (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 percent (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 Village Manager in the aggregate amount of one thousand dollars ($1,000) for each twenty thousand dollars ($20,000), 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 estimated 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.
(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 Village may be disbursed in accord 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 Village Clerk, after notifying the Village Manager, shall return the amount of the fund in excess of the estimate to the named insured or insureds, provided that the Village has not commenced to remove, repair or secure the building or other structure.
(b) Upon receipt of proceeds by the Village as authorized by this section, the Clerk- Treasurer 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 Village pursuant to Ohio R.C. 715.261.
(1) When transferring the fund as required in subsection (a) hereof, an insurance company shall provide the Village with the name and address of the named insured or insureds whereupon the Village shall contact the named insured or insureds, certify that the proceeds have been received by the Village and notify them that the following procedures will be followed.
(2) The fund shall be returned by the Clerk-Treasurer 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 Village Manager, provided that, the Village has not incurred any costs for such repairs, removal or securing. If the Village 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 Village 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 Village to recover any deficiency under Ohio R.C. 715.261.
(3) Nothing in Ohio R.C. 3929.86(C) and (D), as adopted herein, shall be construed to prohibit the Village 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. 3-85. Passed 1-7-85.)
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