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

Terms Used In Indiana Code 27-2-15-6

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • available insurance proceeds: means the proceeds payable under an insurance policy based upon a claim for damage to or loss of a building or other structure caused by fire or explosion, minus proceeds paid to:

    Indiana Code 27-2-15-1

  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • municipality: has the meaning set forth in IC 36-1-2-11. See Indiana Code 27-2-15-4.2
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(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.

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