Township of Falls, PA Chapter 128 Fire Insurance Claims

[HISTORY: Adopted by the Board of Supervisors of Falls Township 12-6-2011 by Ord. No. 2011-10.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance was originally adopted as Ch. 210 but was renumbered to maintain the alphabetical organization of the Code.

§ 128-1 Limitation on payment of claims.

No insurance company, association or exchange doing business in this commonwealth shall pay a claim of a named insured for fire damage to a structure located with the Township, where the amount recoverable for the fire loss to the structure, under all policies, exceeds $7,500, unless the insurance company, association or exchange is furnished with a certificate pursuant to § 128-2.

§ 128-2 Issuance of certificate regarding delinquent taxes and charges; criteria for delinquency.

A. Upon written request by the named insured specifying the tax description of the property, the name and address of the insurance company, association or exchange, 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, the Township Treasurer shall furnish the insurance company, association or exchange either of the following within 14 working days of the request:

(1) A certificate or, at the discretion of the Township, a verbal notification, which shall be confirmed 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 Treasurer's certificate or verbal notification, the Township has not incurred any costs 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 Treasurer's certificate, the amount of the total costs, if any, certified to the Treasurer that have been incurred by the Township for the removal, repair or securing of a building or other structure on the property.

B. A tax, assessment, penalty or user charge becomes delinquent at the time and on the date that a lien could otherwise have been filed against the property by the Township under applicable law.

§ 128-3 Payment of claims for losses of less than 60%.

A. Upon the receipt of a certificate pursuant to § 128-2A(1), the insurance company, association or exchange 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 company, association or exchange equals or exceeds 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 insurance company, association or exchange, the insured property owner and the Township shall follow the procedures set forth in § 128-4 of this chapter.

B. Upon the receipt of a certificate and bill pursuant to § 128-2A(2), the insurance company, association or exchange shall return the bill to the Treasurer and transfer to the Treasurer 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.

§ 128-4 Claims for losses of 60% or greater; payment to Township; disposition of funds.

A. When the loss agreed to between the named insured and the company, association or exchange equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or other structure, the insurance company, association or exchange shall transfer from the insurance proceeds to the Township in the aggregate $2,000 for each $15,000 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 insurance company, association or exchange shall transfer from the insurance proceeds the amount specified in the estimate.

(1) The transfer of proceeds shall be on a pro rata basis by all companies, associations or exchanges insuring the building or other structure.

(2) Policy proceeds remaining after the transfer to the municipality 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 designated officer shall return the amount of the fund in excess of the estimate to the named insured if the municipality has not commenced to remove, repair or secure the building or other structure.

B. The Township Manager shall be the Township's designated officer authorized to carry out the duties of this chapter.

C. Upon receipt of proceeds by the Township as authorized by this chapter, the Township Manager 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.

(1) When transferring the funds as required in Subsection A, of this chapter, an insurance company, association or exchange 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.

(2) The fund shall be returned to the named insured when repairs, removal or securing of the building or other structure have been completed and the required proof received by the designated officer if the Township has not incurred any costs for repairs, removal or securing.

(3) 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.

(4) Nothing in this chapter shall be construed to limit the ability of the Township to recover any deficiency. Further, nothing in this Subsection C 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.