City of Greensburg, PA Chapter 175 Insurance

[HISTORY: Adopted by the City Council of the City of Greensburg: Art. I, 12-14-1992 as Ord. No. 1558 . Amendments noted where applicable.]

Article I Fire Insurance Claims

[Adopted 12-14-1992 as Ord. No. 1558]

§ 175-1 Administration.

[Amended 12-21-1994 by Ord. No. 1646]

The City Treasurer or such official's designee is hereby appointed as the designated officer who is authorized to carry out all responsibilities and duties stated in 40 P.S. § 638.

§ 175-2 Municipal certificate for fire loss claims.

[Amended 12-21-1994 by Ord. No. 1646; 12-21-1994 by Ord. No. 1649]

A. 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 the City of Greensburg where the amount recoverable for fire loss to the structure under all policies exceeds seven thousand five hundred dollars ($7,500.) unless the insurance company, association or exchange is furnished with a certificate pursuant to Subsection B of this section and unless there is compliance with the procedures set forth in Subsections C and D of this section.

B. Procedure.

(1) The City Treasurer 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 fourteen (14) working days of the request:

(a) A certificate to the effect that, as of the date specified in the request, there are no delinquent taxes, assessments, penalties or users charges against the property and that, as of the date of the Treasurer's certificate, the city has certified any amount as total costs incurred by the city for the removal, repair or securing of a building or other structure on the property.

(b) 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 city for the removal, repair or securing of a building or other structure on the property. For the purposes of this subsection, the city shall certify to the Treasurer the total amount, if any, of any costs. A tax, assessment, penalty or user charge becomes delinquent at the time and on the date a lien could otherwise have been filed against the property by the city under applicable law.

(2) Responsibility of insurance company.

(a) Upon the receipt of a certificate pursuant to Subsection B(1)(a) of this section, 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 sixty percentum (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 city shall follow the procedures set forth in Subsections C and D of this section.

(b) Upon the receipt of a certificate and bill pursuant to Subsection B(1)(b) of this section, 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 city shall receive the amount and apply or credit it to payment of the items shown in the bill.

C. When the loss agreed to between the named insured and the company, association or exchange equals or exceeds sixty percentum (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 designated officer of the city in the aggregate 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 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 city 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 city has not commenced to remove, repair or secure the building or other structure.

D. Upon receipt of proceeds by the city as authorized by this section, the City 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 city. When transferring the funds as required in Subsection C of this section, an insurance company, association or exchange shall provide the city with the name and address of the named insured, whereupon the city shall contact the named insured, certify that the proceeds have been received by the city 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 designated officer if the city has not incurred any costs for repairs, removal or securing. If the city 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 municipality shall transfer the remaining funds to the named insured. Nothing in this section shall be construed to limit the ability of the city to recover any deficiency. Further, nothing in this subsection shall be construed to prohibit the city 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.

E. Proof of payment by the insurance company, association or exchange of proceeds under a policy in accordance with Subsection C of this section is conclusive evidence of the discharge of its obligation to the insured under the policy to the extent of the payment and of compliance by the company, association or exchange with Subsection C of this section.

F. Nothing in this section shall be construed to make an insurance company, association or exchange liable for any amount in excess of proceeds payable under its insurance policy or for any other act performed pursuant to this section or to make a municipality or public official an insured under a policy of insurance or to create an obligation to pay delinquent property taxes or unpaid removal liens or expenses other than as provided in this section.

G. An insurance company, association or exchange making payments of policy proceeds under this section for delinquent taxes or structure removal liens or removal expenses incurred by a municipality shall have a full benefit of such payment, including all rights of subrogation and of assignment.

§ 175-3 Additional regulations; fees.

The City of Greensburg may by resolution adopt procedures and regulations to implement Act 98 of 1992[1] and this chapter 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.

[1] Editor's Note: See 40 P.S. § 638.

§ 175-4 Violations and penalties.

An owner of property, any named insured or any insuring agent who violates this Article shall be subject to a penalty of up to one thousand dollars ($1,000.) per violation.