[Ord. 2000-3, 6/5/2000, § 1]
1. No insurance company, association or exchange (hereinafter "insurer")
doing business in the Commonwealth of Pennsylvania shall pay a claim
of a named insured for fire damage to a structure under all policies
exceeds $7,500 unless the insurer is furnished by the Londonderry
Township Treasurer with a certificate pursuant to § 508(b)
of the Insurance Company Law of 1921, as amended by Act 98 of 1992,
and Act 93 of 1994, (collectively, the "Act") and unless there is
compliance with the procedures set forth in §§ 508(c)
and (d) of the Act.
2. Where there are delinquent taxes, assessments, penalties or user
charges against the property ("municipal claims") or there are expenses
which Londonderry Township has incurred as a cost for the removal,
repair or securing of a building or other structure on the property
(collectively "municipal expenses"), the Treasurer of Londonderry
Township shall immediately render a bill for such work, if he has
not already done so. Upon written request of the named insured specifying
the tax description of the property, the name and address of the insurer
and the date of receipt by the insurer of a loss report of the claim,
the Treasurer shall furnish a certificate within 14 working days after
the request, to the insurer, a certificate (or at his discretion an
oral notice confirmed in writing) either:
A. Stating that there are no unpaid Township expenses against the property.
B. Specifying the nature and amount of such claims or expenses, accompanied
by a bill for such amounts.
|
Taxes, assessment, penalties and user charges shall be deemed
delinquent for this purpose if a lien could have been filed for such
claims under applicable law. Upon receipt of a certificate and bill
pursuant to subsection (A), the insurer shall transfer to the Treasurer
an amount from the insurance proceeds sufficient to pay such sums
prior to making payment to the names insured, subjection to the provision
of subsection (3).
|
3. When all Township claims and Township expenses have been paid pursuant to subsection
(2) of this Section, or where the Treasurer has issued a certificate described in subsections (2)(A) of this Section indicating that there are no Township claims or Township expenses against the property, the insurer shall pay the claim of the named insured; provided, however, that is the loss agreed upon by the named insured and the insurer equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure, the following procedures must be followed:
A. The insurer shall transfer from the insurance proceeds to the Treasurer,
in the aggregate, $2,000 for each $15,000 of such claims or fraction
thereof.
B. If at the time a loss report is submitted by the insured, such insured
has submitted to the insurer, with a copy to Londonderry Township,
a contractor's signed estimate of the cost of removing, repairing
or securing the building or other structure in an amount less than
the amount calculated under the foregoing transfer formula, the insurer
shall transfer to the Treasurer from the insurance proceeds the amount
specified in the estimate. If there is more than one insurer, the
transfer of proceeds shall be on a pro rata basis by all insurers
insuring the building or other structure.
C. Upon receipt of the above-described portion of the insurance proceeds,
the Treasurer shall do the following:
(1) Place the proceeds in a separate fund to be used solely as security
against the total Township expenses anticipated by Londonderry Township
to be required in moving, repairing or securing the building or other
structure as required by this Part. Such costs shall include, without
limitation, any engineering, legal or administrative costs incurred
by Londonderry Township in connection with such removal, repair or
securing or any proceedings related thereto.
(2) Mail to the named insured, at the address received from the insurer,
a notice the proceeds have been received by Londonderry Township and
that the procedures under this subsection shall be followed.
(3) After the transfer, the named insured may submit to Londonderry Township
a contractor's signed estimate of the cost of removing, repairing
or securing the building or other structure, in which event the Treasurer
shall, if such estimate is deemed by the Treasurer to be reasonable,
return to the insured the amount of the funds transferred to Londonderry
Township in excess of that required to pay the Township expenses;
provided, Londonderry Township has not commenced to remove, repair
or secure the building or other structure, in which as Londonderry
Township will complete the work.
(4) Pay to the Treasurer, for reimbursement to the Londonderry Township
general fund, the amount of the Township expenses paid by Londonderry
Township.
(5) Pay the remaining balance in the fund (without interest) to the named
insured upon receipt of a certificate issued by the Treasurer that
the repair, removal or securing of the building or other structure
has been completed in accordance with all applicable codes and regulations
of Londonderry Township.
(6) Nothing in this Section shall be construed to limit the ability of
Londonderry Township to recover any deficiency in the amount of Township
claims or Township expenses recovered pursuant to this Part or to
insurance proceeds, by an action at law or in equity to enforce the
code of Londonderry Township or to enter into an agreement with the
named insured with regard to such other disposition of the proceeds
as Londonderry Township may deem responsible.
[Ord. 2000-3, 6/5/2000, § 1]
Nothing in this Part 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 Part or to make Londonderry Township, any Township
official, a municipality or public official an insured under a policy
of insurance or to create an obligation to pay delinquent taxes or
unpaid removal liens or expenses other than as provided in this Part.
[Ord. 2000-3, 6/5/2000, § 1]
An insurance company, association or exchange making payment
of policy proceeds under this Part for delinquent taxes or structure
removal liens or removal expenses incurred by Londonderry Township
shall have a full benefit of such payment, including all rights of
subrogation and of assignment.
[Ord. 2000-3, 6/5/2000, § 1]
This Part shall be liberally construed to accomplish its purpose
to deter the commission of arson and related crimes, to discourage
the abandonment of property and to prevent urban blight and deterioration.
[Ord. 2000-3, 6/5/2000, § 1]
The Secretary of Londonderry Township shall transmit a certified
copy of this Part promptly to the Pennsylvania Department of Community
Affairs.
[Ord. 2000-3, 6/5/2000, § 1]
Any owner of property, any named insured or insurer who violates
the provisions of this Part or who shall fail to comply with any of
the requirements hereof shall be sentenced, upon conviction thereof,
to a fine of not more than $1,000 plus costs and in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day on which an offense shall continue shall be deemed
a separate offense.