July 28, 1980
SUBJECT: INSURANCE
Circular Letter No. 9 (1980)
WITHDRAWN
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