Borough of Stroudsburg, PA FIRE INSURANCE PROCEEDS

[Ord. 741, 1/6/1993, § 2]

No insurance company, association or exchange (hereinafter the "insuring agent") doing business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a structure located within the Borough of Stroudsburg where the amount recoverable for the fire loss to the structure under all policies exceeds $5,000, unless the named insured or insuring agent is furnished by the Borough Treasurer with a municipal certificate pursuant to § 508(B) of Act 98 of 1992 and unless there is compliance with § 508(C) and (D) of Act 98 of 1992 and the provisions of this Part. Where pursuant to § 508(B)(1)(I) of Act 98 of 1992, the Borough Treasurer issues a certificate indicating that there are no delinquent taxes, assessments, penalties or use charges against real property, the insuring agent shall pay the claim of the named insured; provided, however, that if the loss is 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 Borough of Stroudsburg in the aggregate of $1,000 for each $20,000 of a claim and for each fraction of the amount of a claim, this section to be applied such that if the claim is $20,000 of less, the amount transferred to the Borough of Stroudsburg shall be $1,000; or,

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, the insuring agent shall transfer to the Borough of Stroudsburg from the insurance proceeds the amount specified in the estimate.

The transfer of proceeds shall be on pro rate 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 funds transferred to the Borough of Stroudsburg in excess of the estimate to the named insured, if the Borough has not commenced to remove, repair or secure the building or other structure.

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

(1)

The designated officer shall place the proceeds in the separate fund to be used solely as security against the total costs of removing, repairing or securing the building or structure which are incurred by the Borough of Stroudsburg. Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by the Borough of Stroudsburg 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 of Stroudsburg with the name and address of the named insured. Upon receipt of the transferred funds and the name and address of the named insured, the designated officer shall contact the named insured, certify that the proceeds have been received by the Borough of Stroudsburg and notify the named insured that the proceeds 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 of Stroudsburg and the required proof of such completion received by the designated officer, and if the Borough of Stroudsburg has not incurred any costs for repairs, removal or securing of the building or other structure, the Borough of Stroudsburg shall transfer the remaining funds to the named insured.

(4)

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