[Ord. 69-1995, 5/1/1995, § 1]
No insurance company, association or exchange doing business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a structure located within Charlestown Township under the terms of § 508(a) of the Insurance Company Law of 1921, as amended, 40 P.S. § 638(a), unless the insurance company, association or exchange is furnished with a certificate pursuant to § 1-502 of this Part and unless there is compliance with the procedures set forth in §§ 1-503 and 1-504 of this Part.
[Ord. 69-1995, 5/1/1995, § 2; as amended by Ord.
160-2010, 10/4/2010]
1.
The Township 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,
and the payment of a certification fee, in an amount as established
from time to time by resolution of the Board of Supervisors, to cover
the administrative expense of processing the request and copying,
furnish the insurance company, association or exchange either of the
following within 14 working days of the request:
A.
A certificate or, at the discretion of the Township, a verbal notification
which shall be confirmed in writing by the insured to the effect that,
as of the date specified in the request, there are no delinquent taxes,
assessments, penalties or user charges against the property and that,
as of the date of the treasurer's certificate or verbal notification,
the Township has not certified any amount as total costs incurred
by the Township 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 or 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 Township for the removal, repair or
securing of a building or other structure on the property. For the
purposes of this paragraph, the Township Secretary shall certify to
the treasurer the total amount, if any, of such costs. For the purposes
of this Part, 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 Township under applicable law or ordinance.
2.
A.
Upon receipt of a certificate pursuant to Subsection 1A 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 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 Township shall follow the procedures set forth in §§ 1-503 and 1-504 of this Part.
B.
Upon the receipt of a certificate and bill pursuant to Subsection 1B 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 shown on the bill. In the case of a loss subject to §§ 1-503 and 1-504 of this Part, the insurance company, association or exchange shall transfer to the Treasurer the amount from the insurance proceeds shown on the bill separately from the amounts transferred under § 1-503 of this Part. The Township shall receive the amount and apply or credit it to payment of the items shown in the bill.
[Ord. 69-1995, 5/1/1995, § 3]
When the loss agreed to between the named insured and the company,
association or exchange equals or exceeds 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 Township Treasurer the amounts required
by and in accordance with the procedures set forth in 40 P.S. § 638(c).
Policy proceeds remaining after the transfer to the Township 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 Township Treasurer shall return the amount of the fund in
excess of the estimate to the named insured if the Township has not
commenced to remove, repair or secure the building or other structure.
The Township Treasurer shall carry out the duties of this section.
[Ord. 69-1995, 5/1/1995, § 4]
Upon receipt of the proceeds by the Township as authorized by § 1-503, the Township 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 Township. When transferring the funds as required in § 1-503, an insurance company, association or exchange shall provide the Township with the name and address of the named insured, whereupon the Township shall contact the named insured, certify that the proceeds have been received by the municipality and notify the named insured that the procedures under this section 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 Township Treasurer if the Township has not incurred any costs for repairs, removal or securing. If the Township 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 Township shall transfer the remaining funds to the named insured. Nothing in this Part shall be construed to limit the ability of the Township to recover any deficiency. Further, nothing in this section shall be construed to prohibit the Township 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.
[Ord. 69-1995, 5/1/1995, § 5]
The total costs incurred by the Township for the removal, repair
or securing of a building or other structure under this Part shall
include, but not be limited to, all administrative, personnel and
overhead costs incurred by the Township in accordance with generally
accepted accounting procedures.
[Ord. 69-1995, 5/1/1995, § 6]
Upon the enactment of this Part, the Township Secretary shall
file an exact copy of this Part with the Department of Community Affairs
together with the name, position and phone number of the Township
official responsible for compliance with § 508 of the Insurance
Company Law of 1921, 40 P.S. § 638, as amended.
