[HISTORY: Adopted by the Board of Supervisors of the Township
of Robinson as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-14-2015 by Ord. No. 8-2015]
No insurance company, association or exchange doing business in the commonwealth shall pay a claim of a named insured for fire damage to a structure located within Robinson 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 § 260-2 of this article and unless there is compliance with the procedures set forth in §§ 260-3 and 260-4 of this article.
A.
The Treasurer of Robinson Township shall, upon the written request
of the named insured specifying the tax description of the property,
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, 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 certified that any costs have been
incurred by the Township 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.
Procedures subsequent to certification.
(1)
Upon the receipt of a certificate pursuant to § 260-2A(1) of this article, 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 §§ 260-3 and 260-4 of this article.
(2)
Upon the receipt of a certificate and bill pursuant to § 260-2A(2) of this article, 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.
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 Treasurer 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. 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 Treasurer 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.
Upon receipt of proceeds by the Township as authorized by this article, the 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 Township. When transferring the funds as required in § 260-3 of this article, 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. 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 Treasurer 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 Township to recover any deficiency nor 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.
The Board of Supervisors of the Township may, by resolution,
adopt procedures and regulations to implement this article, and may,
by resolution, fix reasonable fees to be charged for municipal activities
or services provided pursuant to this article, including, but not
limited to, issuance of certificates and bills, performance of inspections
and opening separate fund accounts.
Any owner of property, any named insured or any insurance company,
association or exchange who violates this article shall be subject
to a penalty of up to $1,000 per violation.
A certified copy of this article shall be filed with the Commonwealth
of Pennsylvania, Department of Community and Economic Development
(or such other agency of the commonwealth as may hereafter pertain)
together with the name, position and telephone number of the Township
official responsible for compliance with this article.
The provisions of this article shall be severable and, if any
of the provisions hereof shall be held to be invalid or unenforceable,
the remaining provisions of this article shall remain in effect.
