§33-17-9b. Claims for total loss; debris removal proceeds.
(a) No proceeds shall be paid by an insurance company that has
issued a policy which provides coverage for debris removal for
cleanup, removal of refuse, debris, remnants, or remains of a
dwelling or structure upon a claim of total loss unless and until
the insurance company receives certification that the refuse,
debris, remnants, or remains of the dwelling or structure have been
cleaned up, removed or otherwise disposed of. In the event the
insurance company receives, within six months of the date of loss,
certification that such cleanup, removal or disposal costs have
been incurred by a municipality, county or other governmental
entity, rather than the policyholder, such debris removal and
cleanup proceeds shall be paid to the municipality, county or other
government entity which has incurred such costs: Provided, That
any company that has issued a policy that provides coverage for
damage to real property as a result of fire or explosion,
regardless of whether such policy includes coverage for debris
removal, shall comply with the provisions of section one, article
ten-e, chapter thirty-eight of this code.
No insurance company subject to this section which complies
with this section may be held liable for any claim that may arise
out of the cleanup, removal or disposal of debris pursuant to this
(b) An insurance company subject to this section that complies
with this section and with section one, article ten-e, chapter thirty-eight of this code shall be deemed to have fully satisfied
all contractual obligations to the policyholder regarding debris
removal; in no event shall an insurance company be required to pay
moneys in excess of policy limits.
(c) Compliance with this section and section one, article
ten-e, chapter thirty-eight of the code may not be deemed a
violation of section nine of this article.