Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 3212 - Application for insurance; terms of insurance; penalty for false statement; list of mining areas(a) Any owner of a structure located within the anthracite or bituminous coal or clay mine region and who desires to become a subscriber to the fund for the purpose of insuring such a structure therein against damages from coal or clay mine subsidences, shall make a complete application as prescribed by the board to the board, its agents or insurance producers. Thereupon, the board shall make such investigation as may be necessary if such application complies with the rules and regulations of the board and within sixty days after the request for an application is received shall issue a certificate showing the acceptance of the application and the amount of premium payable by such applicant for the year for which premium is sought. The amount of insurance coverage shall not exceed the replacement cost of the insured structure or the maximum amount of coverage established by the fund, whichever is less. Policies may be issued for one year, for two years or for three years as the board may establish. Except as provided in subsection (b), no insurance shall become effective until the premiums have been paid. All premiums shall be payable to the State Treasurer whereupon a receipt shall be issued therefor. The receipt for premium together with a certificate of the board shall be evidence that the applicant has become a subscriber to the fund and is insured.(b) If the board fails to make the necessary investigations or inspection and fails to approve or deny an application for insurance within sixty days of receipt of the written request for an application by the board or any of its agents, in accordance with this section, the insurance requested by the applicant shall be deemed granted. The insurance shall be effective from the date the written request for an application was received by the board or any of its agents, but the coverage will be null and void if the applicant fails to remit the premium payment within twenty days from the day the bill for the premium was postmarked. (1) The insurance may be subjected to later reductions, and premiums adjusted accordingly, if the board determines that the amount of insurance coverage requested is in excess of the current replacement cost of the structure or the maximum amount of coverage established by the fund, whichever is less.(2) The insurance shall be void if, upon inspection of the structure, the board determines that either (i) mine subsidence damage occurred prior to the request by the applicant for insurance, or (ii) the applicant by his unreasonable actions or in actions is responsible for the failure of the board to inspect the structure within sixty days of receipt of the written request for an application in accordance with this section.(c) Whoever shall knowingly furnish or make any false certificate, application or statement herein required shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand five hundred dollars ($1,500) and shall undergo imprisonment not exceeding one year.(d) In order to assist insurance producers and potential policyholders in identifying structures that could be at risk from mine subsidence damage, the board shall publish and update in the Pennsylvania Bulletin a list of areas in this Commonwealth that are believed to be at risk for mine subsidence damage.1961, Aug. 23, P.L. 1068, § 12. Amended 1965, Aug. 10, P.L. 328, No. 177, § 1; 1971, July 1, P.L. 188, No. 26, § 2; 1972, Nov. 27, P.L. 1243, No. 278, § 1, imd. effective; 1984, July 10, P.L. 711, No. 151, § 1, effective in 60 days; 2002, Dec. 9, P.L. 1323, No. 155, § 3, effective in 180 days.