Borough of Derry, PA Insurance

Where pursuant to § 508(B)(1)(i) of Act 98 of 1992,[1] the Borough 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 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 municipality in the aggregate of $2,000 for each $15,000 of a claim and for 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 the insurance proceeds the amount specified in the estimate. If no contractor's estimate is provided and the claim is $15,000 or less, the amount transferred to the municipality shall be $2,000.

[Amended 6-13-2011 by Ord. No. 740;8-13-2019 by Ord. No. 783]

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 in an amount less than the amount calculated under the foregoing transfer formula, the insuring agent shall transfer to the Borough from the insurance proceeds the amount specified in the estimate.

[Amended 6-13-2011 by Ord. No. 740]

The transfer of proceeds shall be on pro rata basis by all companies, associations or exchanges insuring the building or other structure.

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 fund transferred to the Borough in excess of the estimate to the named insured, if the Borough had not commenced to remove, repair or secure the building or other structure.

Upon receipt of proceeds under this section, the Borough shall do the following:

(1)

The designated office shall place the proceeds in a separate fund to use solely as security against the total costs of removing, repairing or securing the building or structure which are incurred by the Borough without limitation, including any engineering, legal or administrative costs incurred by the Borough in connection with such removal, repair or securing of the building or any proceedings related thereto.

(2)

It is the obligation of the insuring agent when transferring the proceeds to provide the Borough with the name and address of the named insured. Upon receipt of the transferred funds and the name and address of the named insured, certify that the proceeds have been received by the Borough and notify the named insured that the procedures under this subsection shall be followed.

(3)

When repairs, removal or securing of the building or other structure have been completed in accordance with all applicable regulations and orders of the Borough and the required proof of such completion received by the designated officer, and if the Borough has not incurred any costs for repairs, removal or securing, the funds shall be returned to the named insured. If the Borough has incurred costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the funds and if excess funds remain, the Borough shall transfer the remaining funds to the named insured.

(4)

To the extent that interest is earned on proceeds held by the Borough pursuant to this section and not returned to the named insured, such interest shall belong to the Borough. 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 limit the ability of the Borough to recover any deficiency. Furthermore, nothing in this section shall be construed to prohibit the Borough and the named insured from entering into an agreement that permits the transfer of funds to the named insured of some other reasonable disposition of the damaged property has been negotiated.

[1]

Editor's Note: See 40 P.S. § 638(b)(1)(i).