[HISTORY: Adopted by the Borough Council of the Borough of Pleasant Hills 12-15-2008 by Ord. No. 894. Amendments noted where applicable.]
This article is enacted pursuant to the Insurance Company Law of 1921, as amended by Act 98 of 1992 and Act 93 of 1994, providing for the payment of certain proceeds from fire loss claims to the Borough. (See 40 P.S. § 631 et seq.[1])
[1]
Editor's Note: 40 P.S. §§ 631 and 632 were repealed 12-21-1998 by P.L. 1108, No. 150, § 2.
The Borough Secretary or his/her designee is hereby appointed as the officer of the Borough to manage all responsibilities set out herein.
No fire insurance company, association or exchange doing business in the Commonwealth of Pennsylvania shall pay a claim of an insured for fire damage to a structure located within the Borough where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500, unless said company, association or exchange requests and receives a certificate pursuant to Section 508(b) of Act 98 of 1992 as amended by Act 93 of 1994 and unless there is compliance with Section 508(c) and (d) of said Act(s) pursuant to the provisions of this article. (See 40 P.S. § 638.)
When the Borough issues a certificate indicating that there are no delinquent taxes, assessments, penalties or user charges against the damaged property, the company, association or exchange shall pay the claim of the insured; provided, however, that if the loss equals or exceeds 60% of the aggregate limits of liability on all policies covering the building or structure, the escrow provisions set out in Section 508(c) and (d) of Act 98 of 1992, as amended by Act 93 of 1994, shall be followed; and Section 508(c) and (d) of said Act(s) are incorporated within this article as though fully set out herein. (See 40 P.S. § 638.)
The Borough shall set fees for the issuance of certificates and bills, the performance of inspections, the opening of escrow accounts and other services provided pursuant to this article.
Any person issued a certificate pursuant to § 231-3 of this article shall be given notice of the existence of this article.
Any person and the principal of any firm or the chief executive of any corporation violating any provision of this article shall, upon conviction thereof, be subject to the maximum penalties provided by law.