[HISTORY: Adopted by the Board of Commissioners of the Township of North Versailles as indicated in article histories. Amendments noted where applicable.]
Article I Fire Insurance Claims
[Adopted 1-23-1993 by Ord. No. 915 (Ch. 1, Part 7, of the 1987 Code of Ordinances)]
From time to time the Township shall designate the official responsible for carrying out the duties as are described herein. Such official shall be the designated officer of the Township to make certifications, file claims, etc., and carry out all functions as may be necessary to effectuate Township claims pursuant to the "legislation referred to hereinabove. At the present time the Township hereby designates the Township Secretary as the appropriate officer.
Editor's Note: So in original § 701 of the 1987 Code of Ordinances; unable to ascertain reference to "legislation referred to hereinabove."
No insurance company, association or exchange (hereinafter the "insuring agent") doing business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a structure located within North Versailles Township (hereinafter the "Township") where the amount recoverable for the fire loss to the structure under all policies exceeds $5,000, unless the named insured or insuring agent is furnished by the Township Treasurer with a municipal certificate pursuant to Section 508(b) of Act 98 of 1992 and unless there is compliance with Section 508(c) and (d) of Act 98 of 1992 and the provisions of this article.
Editor's Note: See 40 P.S. § 638(b), (c) and (d).
Where, pursuant to Section 508(b)(1)(I) of Act 98 of 1992, the Municipal Treasurer issues a certificate indicating that there are no delinquent taxes, assessments, penalties or user charges against real property, the insuring agent shall pay the claim of the named insured; provided, however, that if the loss as agreed upon by the named insured and the insuring agent equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building restructure, the following procedures must be followed:
The insuring agent shall transfer from the insurance proceeds to the designated officer of the Township in the aggregate of $1,000 for each $20,000 of a claim and for each fraction of that amount of a claim, this subsection to be applied such that if the claim is $20,000 or less, the amount transferred to the Township shall be $1,000.
If, at the time of a proof of loss agreed to between the named insured and the insuring agent, the named insured has submitted a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, the insuring agent shall transfer to the Township from the insurance proceeds the amount specified in the estimate.
The transfer of proceeds shall be on pro rata basis by all companies, associations or exchanges insuring the building or other structures.
After the transfer, the named insured may submit a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, and the designated officer shall return the amount of the funds transferred to the Township 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.
Upon receipt of proceeds under this subsection, the Township shall do the following:
The designated officer shall place the proceeds in the separate fund to be used solely as security against the total costs of removing, repairing or securing the building or structure which are 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.
It is the obligation of the insuring agent when transferring the proceeds to provide the Township with the name and address of the named insured. Upon receipt of the transferred funds and the named and address of the named insured, the designated officer 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.
When repairs, removal or securing of the building or other structure have been completed in accordance with all applicable regulations and orders of the Township and the required proof of such completion received by the designated officer, and if the Township has not incurred any costs for repairs, removal or securing, the fund shall be returned to the named insured. If the Township has incurred costs for repairs, removal or securing of the building or other structure, the cost shall be paid from the fund and, if excess funds remain, the Township shall transfer the remaining funds to the named insured.
To the extent that interest is earned on proceeds held by the Township pursuant to this section and not returned to the named insured, such interest shall belong to the Township. To the extent that proceeds are returned to the named insured, interest earned on such proceeds shall be distributed to the named insured at the time that the proceeds are returned.
Nothing in this section shall be construed to limited the ability of the Township to recover any deficiency. Furthermore, 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.
Editor's Note: See 40 P.S. § 638(b)(1)(i).
The Township of North Versailles may by resolution adopt procedures and regulations to implement Act 98 of 1992 and this article and may by resolution fix reasonable fees to be charged for municipal activities of certificates and bills, performance of inspections and opening separate fund accounts.
Editor's Note: See 40 P.S. § 638.
An owner of property, any named insured or any insuring agent who violates this article shall be subject to a penalty of up to $1,000 per violation.