PRIOR PRINTER'S NOS. 2423, 2504 PRINTER'S NO. 2560
No. 1858 Session of 1984
INTRODUCED BY MANDERINO, PETRARCA, J. L. WRIGHT, KUKOVICH,
WARGO, OLASZ, DeWEESE, BALDWIN, TIGUE, SEVENTY, MARKOSEK,
HUTCHINSON, VAN HORNE, GEIST, MRKONIC, COSLETT, STEVENS,
LUCYK, MISCEVICH, DALEY, F. E. TAYLOR, KASUNIC, JAROLIN,
STEIGHNER, STUBAN, STEWART, WOZNIAK, BELARDI, CAWLEY,
LIVENGOOD, MICHLOVIC, McCALL, SWEET AND CLARK, JANUARY 25,
1984
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 15, 1984
AN ACT
1 Amending the act of August 23, 1961 (P.L.1068, No.484),
2 entitled, as reenacted and amended, "An act to provide for
3 the creation and administration of a Coal and Clay Mine
4 Subsidence Insurance Fund within the Department of
5 Environmental Resources for the insurance of compensation for
6 damages to subscribers thereto; declaring false oaths by the
7 subscribers to be misdemeanors; providing penalties for the
8 violation thereof; and making an appropriation," providing
9 for applications for additional insurance; providing for
10 automatic increases for inflation; and providing insurance
11 availability for structures under construction.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The act of August 23, 1961 (P.L.1068, No.484),
15 entitled, as reenacted and amended, "An act to provide for the
16 creation and administration of a Coal and Clay Mine Subsidence
17 Insurance Fund within the Department of Environmental Resources
18 for the insurance of compensation for damages to subscribers
19 thereto; declaring false oaths by the subscribers to be
1 misdemeanors; providing penalties for the violation thereof; and
2 making an appropriation," reenacted and amended November 27,
3 1972 (P.L.1243, No.278), is amended by adding sections to read:
4 Section 7.1. Application for an Increase in Insurance.--
5 Additions in the amount of insurance, up to the allowable
6 limits, may be made at any time by the subscriber by submitting
7 a written statement to that effect to the board or to any of its
8 agents. Upon receipt of the subscriber's written statement by
9 the board or any of its agents, the new amount of insurance <--
10 shall be effective immediately, THE BOARD SHALL HAVE THIRTY DAYS <--
11 FROM THE DAY THE REQUEST WAS RECEIVED TO REINSPECT THE
12 STRUCTURE. IF REINSPECTION OCCURS WITHIN THE THIRTY-DAY PERIOD
13 AND THE STRUCTURE PASSES THE REINSPECTION, THE NEW AMOUNT OF
14 INSURANCE SHALL BE EFFECTIVE FROM THE DATE OF REINSPECTION. IF
15 REINSPECTION DOES NOT OCCUR WITHIN THE THIRTY-DAY PERIOD, THE
16 NEW AMOUNT OF INSURANCE SHALL BE EFFECTIVE FROM THE DATE THE
17 SUBSCRIBER'S WRITTEN REQUEST FOR ADDITIONAL INSURANCE WAS
18 RECEIVED BY THE BOARD OR ANY OF ITS AGENTS, but the additional
19 coverage will be null and void if the applicant fails to remit
20 the premium payment within twenty days from the day the bill for
21 additional premium is postmarked.
22 (1) Such additional insurance may be subjected to later
23 reductions, and premiums adjusted accordingly, if the board
24 determines that the added insurance raises the total amount of
25 insurance in excess of the current market value of the
26 structure.
27 (2) The additional insurance shall be void if, upon
28 reinspection of the structure, the board determines that mine
29 subsidence damage occurred prior to the request of the
30 subscriber for additional insurance.
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1 Section 7.2. Automatic Inflation Protection Increase.--The
2 board shall make available to all subscribers an annual
3 inflation protection option on the anniversary date of each
4 policy to uniformly increase subscribers' coverage, and shall
5 allow thirty days for subscribers to elect this option. In any
6 case, the option shall not be made available more than once
7 annually. An inflation protection increase shall not be subject
8 to a reinspection of the structure.
9 Section 12.1. Insurance for Structures under Construction.--
10 The board shall make available mine subsidence insurance to
11 owners of structures under construction. Such insurance shall
12 have a term of no more than eighteen months, or until the
13 structure is eighty percent complete, whichever is first.
14 Section 2. This act shall take effect immediately. <--
15 SECTION 2. (A) INSOFAR AS IT APPLIES TO SECTION 12.1 OF THE <--
16 ACT, SECTION 1 OF THIS ACT SHALL TAKE EFFECT IN SIX MONTHS.
17 (B) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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