Sec. 49-73d. Insurance company to notify town clerk of demand in writing of a statement of liens.
Sec. 49-73d. Insurance company to notify town clerk of demand in writing of
a statement of liens. (a) Prior to the payment of any insurance proceeds for loss or
damage to real estate caused by fire, provided the amount of the proceeds for the loss
payable under the policy is five thousand dollars or more, the insurance company required to pay such proceeds shall notify the town clerk of the town in which such loss
or damage has been sustained and demand in writing, by registered or certified mail,
that a statement indicating the amount of all liens filed pursuant to sections 49-73a and
49-73b be delivered to such insurance company at a specified address, in person or by
registered or certified mail, within twenty days from the date of receipt by the town
clerk of such demand. Upon the failure of the town clerk to notify the insurance company
of the existence of any such liens in said manner, the right of the municipality to claim
against any such proceeds shall terminate and the lien thereon shall be dissolved. The
insurance company may rely conclusively upon the amount of the taxes or expenses
due as set forth in such notice of lien in making any payments of proceeds to any person.
(b) Within thirty days of receipt of a notice of lien received from the town clerk
pursuant to subsection (a) of this section and a final determination of the insurance
company's obligation to pay fire insurance proceeds, the insurance company shall pay
all or a portion of the proceeds otherwise payable to the insured directly to the municipality in satisfaction of the total amount of delinquent real estate taxes or incurred expenses
as set forth on the certificate of lien and shall deduct the amount thereof from the proceeds
otherwise payable to the insured. A receipt by the town clerk of the municipality shall
be evidence of payment of such amount by the insurance company on account of its
liability under its policy to the insured.
(P.A. 79-342, S. 4; P.A. 80-207, S. 2, 7.)
History: P.A. 80-207 substituted "expenses" for "demolition costs" where appearing.
Cited. 192 C. 653.
Cited. 11 CA 308.
Cited. 38 CS 722.