N.Y. Insurance Law § 331: Superintendent to maintain index of tax districts; insurers' requirements

§ 331. Superintendent to maintain index of tax districts; insurers'

requirements. (a) The superintendent shall maintain a suitable index of

tax districts which, pursuant to the provisions of section twenty-two of

the general municipal law, file with him a notice of intention to claim

against the proceeds of a policy of fire insurance insuring the interest

of an owner in any premises located therein against which a lien, as

defined by such section exists.

(b) Such index shall be kept current on a daily basis and shall be

available for public inspection during regular business hours. It shall

contain such information as the superintendent deems appropriate.

(c) Every such notice received by the superintendent shall become

effective on the date of entry thereof in such index and shall

constitute constructive notice to each insurer of the tax district's

claim against any proceeds payable pursuant to the provisions of any

insurance policy subject to the provisions of section three thousand

four hundred ten of this chapter.

(d) Upon a final determination of an insurer's obligation to pay any

proceeds of a policy of insurance for damages caused by fire to real

property, as such term is defined in section twenty-two of the general

municipal law, and prior to payment of such proceeds, each insurer or,

in the case of a policy purchased from an unauthorized insurer pursuant

to section two thousand one hundred five of this chapter, each insurer

or its adjusting representative, shall notify the enforcing officer of

each tax district in which the property is located and which is entered

in the index that a loss has been sustained and demand in writing by

registered or certified mail that such officer's certificate indicating

the amount of all liens of the district against the property, including

interest and penalties to the date of the certificate, be served, at a

specified address, in person or by registered or certified mail, upon

the insurer, or, in the case of a policy purchased from an unauthorized

insurer pursuant to section two thousand one hundred five of this

chapter, upon the insurer or its adjusting representative, within twenty

days from the date of receipt of such demand.

(e) Upon the failure of the enforcing officer to serve the certificate

of lien in accordance with subsection (d) hereof, the right of the tax

district to claim against any such proceeds shall terminate. Within ten

days of receipt of such certificate of lien the insurer shall pay to the

enforcing officer from such proceeds the amounts specified in the

certificate.