(1) After an insurer has issued a draft or check to a loss payee and the insured under the terms of a property damage policy for the repair of property damage to a one- to four-family dwelling unit or an owner-operated commercial property when the mortgage or deed of trust secures a debt not in excess of two hundred thousand dollars, such draft or check, if satisfactory in an amount to the insured, shall be properly endorsed by the insured in favor of the loss payee and delivered to the loss payee.
If the draft or check is for the full amount of the loss and is in an amount of onethousand dollars or less, the loss payee shall return the draft or check, properly endorsed, to the insured within ten days after the date of its receipt by the loss payee, unless the evidence of the debt or the instrument given as security for the debt is in default.
If the draft or check is in an amount in excess of one thousand dollars, or is a partialpayment on a loss in an amount in excess of one thousand dollars, the loss payee shall either:
Send the draft or check, properly endorsed, to the insured within ten days after thedate of its receipt by the loss payee;
Process the draft or check for collection or deposit, except as provided in paragraph(c) of this subsection (3). Any loss payee holding funds under this paragraph (b), upon its approval of contracts or plans for the completion of repairs, shall make reasonable advances or progress payments as appropriate to be applied to the completion of repairs and shall be entitled to require appropriate lien waivers and to inspect the repairs during the progress of the repairs. The loss payee shall be entitled to retain up to fifteen percent of the amount of the draft or check as retainage until completion and inspection, satisfactory to the insured, of the work.
Process the draft or check for collection or deposit. Any loss payee holding fundsunder this paragraph (c) shall hold such funds for the payment of the cost of repairs unless any one of the following circumstances is present:
The evidence of the debt or the instrument given as security for the debt is in default.If the default is a result of failure to make payments in a timely manner as required by the evidence of debt or the instrument securing the debt, the loss payee may apply an amount of such proceeds sufficient to cure the default, including taxes, penalties, and late charges, and hold the balance for the cost of repairs, pursuant to paragraph (b) of this subsection (3).
The restoration of the property would violate local, state, or federal laws or regulations;
The property cannot reasonably be restored to its condition prior to the loss at a costof not to exceed the amount of the draft, reduced by an amount applied to cure a default pursuant to subparagraph (I) of this paragraph (c).
(d) Advise the insurer and insured that it is not satisfied with the amount of the draft or check and pursue a claim for the loss under the terms of the policy. Upon such notification the insured shall not be precluded from pursuing, either singly or jointly with the loss payee, a claim for the loss under the terms of the policy.
(4) Neither approval of contracts, plans for the completion of repairs, nor inspection of the work shall make the loss payee liable to any person for any improper, negligent, or unsatisfactory repairs.
Source: L. 86: Entire section added, p. 576, § 1, effective April 3.