[HISTORY: Adopted by the Borough Council of the Borough of Baldwin as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-22-2009 by Ord. No. 821]
Editor's Note: This ordinance superseded former Art. I, Fire Insurance Claims, adopted 1-18-1993 by Ord. No. 654, as amended.
The Borough Manager of Baldwin Borough or such official's designee is hereby appointed as the designated officer who is authorized to carry out all responsibilities and duties stated herein.
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 Baldwin (hereinafter the "municipality") where the amount recoverable for the fire loss to the structure under all policies exceeds $5,000, unless the insurance agent is furnished by the Municipal Treasurer, Tax Collector, or Borough Manager with a municipal certificate pursuant to Section 508(b) of Act 98 of 1992 and unless there is compliance with Section 508(c) and (d) of Act 98 of 1992 and the provisions of this article.
Where pursuant to Section 508(b)(1)(i) of Act 98 of 1992, the Municipal Treasurer, Tax Collector or Borough Manager issues a certificate indicating that there are not 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 procedure must be followed:
The insuring agent shall transfer from the insurance proceeds to the designated officer of the municipality in the aggregate of $1,000 for each $20,000 of a claim and for each fraction of that amount of a claim, this section to be applied such that if the claim is $20,000 or less, the amount transferred to the municipality 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 municipality from the insurance proceeds the amount specified in the estimate.
The transfer or proceeds shall be on a 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 funds transferred to the municipality in excess of the estimate to the named insured, if the municipality has not commenced to remove, repair or secure the building or other structure.
Upon receipt of proceeds under this section, the municipality shall do the following:
The designated officer shall place the proceeds in a 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 municipality. Such costs shall include, without limitation, any engineering, legal or administrative cost incurred by the municipality in connection with such removal, repair or security of the building or any proceedings related thereto; and
It is the obligation of the insuring agent when transferring the proceeds to provide the municipality 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 be received by the municipality and notify the named insured that the procedures under the subsection shall be followed; and
When repairs, removal or securing of the building or other structure has been completed in accordance with all applicable regulations and orders of the municipality and the required proof of such completion received by the designated officer, and if the municipality has not incurred any costs for repairs, removal or securing, the fund shall be returned to the named insured. If the municipality 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 municipality shall transfer the remaining funds to the named insured; and
To the extent that interest is earned on proceeds held by the municipality pursuant to this section, and not returned to the named insured, such interest shall belong to the municipality. 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 proceeds are returned.
Nothing in this section shall be construed to limit the liability of the municipality to recover any deficiency. Furthermore, nothing in the subsection shall be construed to prohibit the municipality 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.
Editor's Note: See 40 P.S. § 638(b)(1)(i).
The Borough Council of Baldwin may, by resolution, adopt procedures and regulations to implement Act 98 of 1992 and this article and may by resolution fix reasonable fees to be charges for municipal activities or services provided pursuant to Act 98 of 1992 and this article, including but not limited to issuance of certificates and bills, performance of inspections and operating separate fund accounts.
Editor's Note: See 40 P.S. § 636 et seq.
Any owner of property, any named insured or any insuring agent who violates this article shall be subject to a penalty of up to $1,000 per violation. Original jurisdiction regarding any violations of this article shall be with the District Magistrate.