Township of Woolwich, NJ Chapter 117 Insurance

[HISTORY: Adopted by the Township Committee of the Township of Woolwich as indicated in article histories. Amendments noted where applicable.]

Article I Fire Insurance Claims

[Adopted 11-21-2016 by Ord. No. 2016-17[1]]

[1] Editor’s Note: This ordinance also repealed former Art. I, Fire Insurance Claims, adopted 3-21-1994 by Ord. No. 9-4.

§ 117-1 Conditions for payment of claims; anticipated costs of demolition.

A. Pursuant to N.J.S.A. 17:36-8 et seq., no insurance company authorized to issue fire insurance policies in the State of New Jersey shall pay to a claimant any claim in excess of $2,500 for fire damages on any real property located within the Township of Woolwich pursuant to any fire insurance policy, until such time as:

(1) All taxes and assessments and all other municipal liens or charges levied and assessed and due and payable appearing on the official certificate of search for municipal liens pursuant to N.J.S.A. 54:5-12 shall have been paid either by the owner of such real property or by the insurance company; and

(2) The insured person submits an official certificate, on a form prescribed and certified by the Municipal Clerk and the Tax Collector of the municipality, that demolition is not required or that the costs of demolition or anticipated demolition have been paid; or

(3) The municipality submits to the insurance company a copy of a resolution adopted pursuant to § 117-4 of this chapter.

B. If a demolition has not yet occurred on date of receipt of a request for an official certificate of search pursuant to this section, the insurer shall provide on that certificate an estimate of the anticipated costs of demolition. The insured, on notice, shall pay the anticipated cost of demolition to the municipality which shall hold the funds in an interest-bearing escrow account in a state or federally charted bank, savings banks or savings and loan association in this state.

§ 117-2 Requests of certificate of search.

Any request for an official certificate of search for municipal liens shall specify that the search concerns fire-damaged property.

§ 117-3 Appeals.

If an appeal is taken on the amount of any lien or charge other than an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:3-21, the insurance company shall issue a draft payable to the Court of record to be held by the Court in an interest-bearing escrow account in the state or federally chartered bank, savings bank or savings and loan association in the state in an amount totaling 75% of the full amount of the lien or charge being contested, but not to exceed the proceeds payable under its insurance policy, and the insurance company shall issue a draft payable to the municipality for the remaining 25% of the lien or charge being contested with the full amount paid by the insurance company to the Court and the municipality not to exceed the proceeds payable under its insurance policy pending termination of all proceedings, at which time such moneys and all interest accruing thereon at a rate paid on interest-bearing accounts in state or federally chartered banks, savings banks or savings and loan association to the state shall be disbursed in accordance with the final order or judgment of the court.

§ 117-4 Installment payments.

The Township Committee of the Township of Woolwich may, by resolution, enter into an agreement with the owner of any fire-damaged property situated in the Township of Woolwich to pay in full all delinquent taxes, assessments or other municipal liens by installments pursuant to N.J.S.A. 54:5-19 or for the redemption of a tax sale lien by installment payments pursuant to Article 7 of Chapter 5 of Title 54 of the Revised Statutes of New Jersey or for the payment in full of any anticipated costs of demolition by installment if the Township Committee is satisfied that the claim for fire damages is to be used to restore or improve the fire-damaged property.

§ 117-5 Payment of demolition costs, liens.

Unless a resolution is received in accordance with § 117-4 by an insurance company writing fire insurance policies, such insurance company is hereby authorized and required, prior to the payment of any claims for fire damages in excess of $2,500, to pay the amount of the anticipated demolition costs to the Township of Woolwich in the manner provided by § 117-1 and to pay to the Township of Woolwich the amount of the liens appearing on the official certificate and such other recorded liens or related charges as may be certified to the insurance company. If an appeal is taken on the amount of any lien or charge, other than an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:3-21, the insurance company shall issue a draft payable to the court of record, to be held by the court in an interest bearing escrow account in a state or federally chartered bank, savings bank, or savings and loan association in the state, in an amount totaling 75% of the full amount of the lien or charge being contested, but not to exceed the proceeds payable under its insurance policy, and the insurance company shall issue a draft payable to the municipality for the remaining 25% of the lien or charge being contested, with the full amount paid by the insurance company to the Court and the municipality not to exceed the proceeds payable under its insurance policy, pending termination of all proceedings, at which time such moneys and all interest accruing thereon, at a rate paid on interest bearing accounts in state or federally chartered banks, savings banks or savings and loan associations in the state, shall be disbursed in accordance with the final order or judgment of the court.