Sec. 6. (a) Upon a judgment being rendered under IC 36-7-9-13(c) or IC 36-7-9-13(d), the municipality is entitled to the available insurance proceeds set aside only:
(1) to the extent of the costs set forth in IC 36-7-9-12; and
(2) for demolition and rehabilitation expenses certified under section 5(b) of this chapter.
Available insurance proceeds set aside under section 5 of this chapter may not be used to pay the costs of fire service, police service, or any other service provided in the normal course of the municipality's business.
(b) All claims by the municipality against the available insurance proceeds must be made within one (1) year after the date of the fire or explosion or within one (1) year after the final outcome of a case or appeal initiated under IC 36-7-9, whichever is later. Proceeds in the escrow account that are not claimed in this manner shall be paid to the insured.
As added by P.L.247-1989, SEC.2. Amended by P.L.238-2013, SEC.9.
Structure Indiana Code
Article 2. Powers and Duties of Insurers
Chapter 15. Available Insurance Proceeds Set Aside
27-2-15-1. "Available Insurance Proceeds" Defined
27-2-15-3. "Enforcement Authority" Defined
27-2-15-3.2. "Final Settlement"
27-2-15-4.3. Application of Chapter
27-2-15-4.4. Municipality Election Regarding Governance by Chapter
27-2-15-4.5. Notice to Enforcement Authority of Existence of Policy
27-2-15-5. Evidence of Repair Contract; Set Aside of Insurance Proceeds; Amount in Escrow
27-2-15-6. Claims Against Set Aside; Use of Funds
27-2-15-7. Immunity of Insurers