New York State seal

July 28, 1980

SUBJECT: INSURANCE

WITHDRAWN

Circular Letter No. 9 (1980)

TO: TO ALL INSURERS LICENSED TO WRITE FIRE INSURANCE IN NEW YORK STATE

SUBJECT: TAX DISTRICT CLAIMS AGAINST FIRE INSURANCE PROCEEDS

This will supplement our Circular Letter No. 30 dated November 27, 1979, with respect to the captioned subject.

Recent market conduct investigations by this department have indicated a failure on the part of some insurers to comply with the requirements of Section 33-a of the Insurance Law, as amended by Chapter 570 of the Laws of 1978, with regard to payment of tax liens from the proceeds of fire insurance losses.

Consequently, in order to assure compliance with the Tax lien Law, this department wishes to re-emphasize that when payments are made to municipalities in accordance with Section 33-a of the Law, the draft or check shall be made payable only to the enforcing officer of the municipality and shall not include any other payee.

In the event that no payment is forthcoming to the municipality because of a mortgagee's interest or for any other reason, the insurer shall notify the enforcing officer of the municipality of the disposition of the loss proceeds.

The department is also communicating with municipalities urging them to adhere to the requirement of Section 33-a by replying within 20 days to insurers' demands for a certificate setting forth the amount of all liens, including interest and penalties.

Attached is a current list of tax districts which have filed with this department a notice of intention to claim against fire insurance loss proceeds in accordance with Section 33-a of the Insurance Law.

Acknowledgment of this letter and inquiries with respect to additional tax districts that file with this department should be addressed to:

Mr. Leonard Fondiller, Principal Insurance Examiner

Property and Casualty Insurance Bureau

State of New York Insurance Department

Two World Trade Center

New York, NY 10047

Very truly yours,

[SIGNATURE]

Donald D. Gabay

First Deputy Superintendent

ATTACHMENT

NOTICE OF INTENTION TO CLAIM AGAINST FIRS INSURANCE PROCEEDS

City of Buffalo

Ms. Margaret Anderson

Assistant Corporation Counsel

Mayor's Task Force on Housing

Frank A. Sedita City Court Building

Buffalo, NY 14202

(716) 847-8256

Chautauqua County

Mr. Lorron G. Caryl

Finance Director

County Office Building

Mayville, NY 14757

(716) 753-4223

Village of Freeport

Mr. James Lyons,

Village Treasurer

46 North Ocean Avenue

Freeport, NY 11520

(516) 378-4000

Village of Green Island

Francis X. Houle, III

Deputy Treasurer

Village of Green Island

20 Clinton Street

Green Island, NY 12183

Village of Hempstead

Mr. Frank E. DeSetto

Village Clerk-Treasurer

Village of Hempstead

99 Nichols Court

Hempstead, NY 11551

(516) 489-3400

Village of Kenmore

Ms. Phyllis Higgins

Village Clerk/Treasurer

Village of Kenmore

2919 Delaware Avenue

Kenmore, NY 14217

(716) 873-5700

Town of Lewisboro

Mr. Robert E. Green, Town Supervi

Town of Lewisboro

South Salem, N.Y. 10590

Village of Liberty

Mrs. Emmagene Travis

Clerk/Treasurer

Municipal Building

Village of Liberty

Liberty, NY 12754

(914) 292-6820

City of Long Beach

Mrs. Catherine Pirrone

City Hall

One West Chester Street

Long Beach, NY 11561

(516) 431-1000 Ext. 233

Village of Malone

Mr. Edgar H. French

Village Clerk/Treasurer

Malone Village Office

14 Elm Street

Malone, NY 12953

(518) 483-4570

City of Middletown

Mr. Nicholas F. Vuolo

City Clerk/Treasurer

City Hall

16 James Street

Middletown, NY 10940

(343-3187

City of New York

Ms. Dorothy Joseph

City Collector

NYC Department of Finance

139 Centre Street

New York, NY 10013

(212) 566-3947

City of Newburgh

Ms. Marlene A. Koisch, City Clerk

City of Newburgh

City Hall

Newburgh, NY 12550

(914) 565-3209

Mr. Raymond A. Schwarz

Commissioner of Finance

Orange County Government Center

Goshen, NY 10924

(914) 294-5151 Ext. 120

Orleans County

Ms. Mary B. Basinait

Orleans County Treasurer

Court House

Albion, NY 14411

(716) 589-5353

City of Rochester

Mr. Louis N. Kash

Corporation Counsel

City of Rochester

400A City Hall

Rochester, NY 14614

(716) 428-6986

Village of Spring Valley

Ms. Julia Jacaruso,

Clerk/Treasurer

Village of Spring Valley

Rockland County, NY 10977

Suffolk County

Ms. Jean H. Tuthill

Suffolk County Treasurer

Suffolk County Center

Riverhead, NY 11001

Sullivan County

Mr. Richard I. Coombe

Sullivan County Treasurer

County Government Center

Monticello, N.Y. 12701

(914) 794-3000 Ext. 100

Effective Date: 1/14/80

Mr. Frank L. Canino

Commissioner of Finance

City of Syracuse

106 City Hall

Syracuse, NY 13202

City of Troy

Mr. Anton L. Miorin,

City Treasurer

City Hall

One Monument Square

Troy, NY 12180

(518) 270-4406

City of Utica

Mr. Louis A. Barile, City Treasurer

City of Utica

One Kennedy Plaza

Utica, NY 13502

(315) 798-3210

Wayne County

Mrs. Lois Van Hoover

Wayne County Treasurer

9 Pearl Street

Lyons, NY 14489

(315) 946-4823

Village of Williamsville

Ms. Theresa L. Cummins

Village Clerk-Treasurer

Village of Williamsville

5583 Main Street

Williamsville, NY 14221

(716) 632-4120

Wyoming County

Mrs. Shirley T. Holbrook, Treasurer

County of Wyoming

Wyoming County Treasurers Office

Court House Building

Warsaw, NY 14569

City of Yonkers

Mr. Fred A. Schnur,

Comptroller

City of Yonkers

City Hall

Yonkers, NY 10701

(914) 963-3980 Exts. 321 & 322