Town of West New York, NJ Chapter 223 Insurance

[HISTORY: Adopted by the Board of Commissioners of the Town of West New York as indicated in article histories. Amendments noted where applicable.]

Article I Fire Insurance Claims

[Adopted 3-7-1979 by Ord. No. 1332]

WHEREAS, the State of New Jersey has enacted legislation (P.L. 1978, c. 184) regarding payment of tax liens on fire damaged properties in certain instances; and

WHEREAS, said legislation can be given effect as to real property, located within the Town of West New York by adoption of an ordinance.

Now therefore be it ordained by the Board of Commissioners of the Town of West New York, County of Hudson, and State of New Jersey as follows:

§ 223-1 Payment of claims restricted.

No insurance company authorized to issue fire insurance policies in the State of New Jersey shall pay to a claimant any claim in excess of $2,500 for fire damages on any real property located within the Town of West New York pursuant to any fire insurance policy issued or renewed after the adoption of this chapter and the filing of this chapter with the State Commissioner of Insurance, until such time as the insured person or entity shall submit an official certificate of search for municipal liens pursuant to N.J.R.S. 54:5-12 certifying that all taxes, assessments or municipal liens or charges levied and assessed and due and payable against said real property have been paid either by the owner of said real property or the insurer pursuant to Section 3 of Chapter 148 of the Laws of 1978.[1] In the event of such a resolution, a certified copy of said resolution shall be sent to the insurance company authorizing the insurance company to make full payment on the claim to the insured.

[1] Editor's Note: See N.J.S.A. 17:36-10.

§ 223-2 Payment to mortgagee as named insured.

Notwithstanding the provisions of § 223-1 of this chapter, an insurance company may pay proceeds of a fire insurance policy to a mortgagee of fire-damaged real property where the fire insurance policy at the time of the loss listed the mortgagee as a named insured, provided that said payment may not be in an amount which exceeds that due and payable to the mortgagee under the mortgage contract.

§ 223-3 Applicability of state law.

Every fire insurance policy issued on property situated in West New York shall be subject to the provisions of Chapter 184 of the Laws of 1978 and this chapter.

§ 223-4 Statute to prevail.

In the event that any provision of this chapter is inconsistent with Chapter 184 of the Laws of 1978, the provisions of Chapter 184 of the Laws of 1978 shall govern.[1]

[1] Editor's Note: See N.J.S.A. 17:36-8 et seq.