139.110. Attachment of tax lien to insurance--waive lien--claims.

MISSOURI STATUTES AND CODES

139.110. Attachment of tax lien to insurance--waive lien--claims.

Attachment of tax lien to insurance--waive lien--claims.

139.110. 1. In the event of the destruction by fire,windstorm or tornado of any permanent buildings and/orimprovements situate upon any land or lot, and which permanentbuildings and/or improvements at the time of destruction weresituate upon any land or lot against which taxes were then leviedand assessed, and was so situate at the time of such levy andassessment, the lien of such taxes shall attach to and follow anyinsurance that may be upon said property at the time of itsdestruction, and the insurer shall pay to the county collectorfrom said insurance money, and limited to the extent thereof, alltaxes, interest and cost then due, levied and assessed againstthe identical land or lot upon which was situate the buildingsand/or improvements destroyed, and such payment shall dischargethe obligation of the insurer to the amount paid; provided,however, if in the opinion of the county collector thedestruction of such building and/or improvement will notprejudice the collection of such taxes, then in such event thecounty collector shall be authorized, in writing, addressed tothe insurance company or companies, to waive and/or release thelien by this section given. The lien given by this section shallbe a first and paramount lien upon the money due in event of thecontingency herein referred to.

2. The assured or person making claim for loss on anypermanent buildings and/or improvements from any insurancecompany shall file with such company a statement from thecollector or collectors in writing, with such claim, that thereare no taxes against said buildings and/or improvements anddescribing said property, or that taxes exist against the sameand the amount and description thereof, and whether or not suchlien is waived, as the case may be, and no such claim for lossmay be maintained until such statement shall have been filed byclaimant. This section shall not provide a basis for thedismissal of a lawsuit filed for a loss.

3. The provisions of this section shall not apply unlessthe loss exceeds fifty percent of the face value of the amountspecified in the policy and applicable to the property involved.