§ 46-12.7-10 Claims against the fund.– (a) Any person may apply to the fund for compensation for damages and lossessuffered as a result of an oil spill under any of the following conditions:
(1) The responsible party or parties cannot be ascertained.
(2) A responsible party is not liable for non-economicdamages caused by another.
(3) Federal oil spill funds are not available or will not beavailable in an adequate period of time. Notwithstanding this paragraph, thedirector may expend money from the fund for authorized expenditures when areimbursement procedure is in place to receive reimbursements from federal oilspill funds.
(b) No claim of a person against the fund may be approved orpaid during the pendency of an action by the person in court to recover costs,which are the subject of the claim.
(c) Awards from the fund on damage claims may not include anyamount the claimant has recovered, on account of the same damage, by way ofsettlement with the responsible party or the responsible party'srepresentatives or federal oil spill funds or judgment of a court of competentjurisdiction against the responsible party to the extent these amounts areduplicative.
(d) The director shall pay only those claims which areapproved pursuant to this section.
(e) A responsible party is not eligible for compensationunder this subsection for costs, expenses, or damages related to the specificdischarge for which the responsible party is determined responsible.
(f) Damage claims may not include expenditures for thepreparation and prosecution of the damage claim, such as legal fees or realestate appraisal fees.
(g) No claims may be submitted for the recovery of damagesunder this chapter unless the claim is presented within three (3) years afterthe date on which the injury and its connection with the oil spill in questionwere reasonably discoverable with the exercise of due care.
§ 46-12.7-10 Claims against the fund.– (a) Any person may apply to the fund for compensation for damages and lossessuffered as a result of an oil spill under any of the following conditions:
(1) The responsible party or parties cannot be ascertained.
(2) A responsible party is not liable for non-economicdamages caused by another.
(3) Federal oil spill funds are not available or will not beavailable in an adequate period of time. Notwithstanding this paragraph, thedirector may expend money from the fund for authorized expenditures when areimbursement procedure is in place to receive reimbursements from federal oilspill funds.
(b) No claim of a person against the fund may be approved orpaid during the pendency of an action by the person in court to recover costs,which are the subject of the claim.
(c) Awards from the fund on damage claims may not include anyamount the claimant has recovered, on account of the same damage, by way ofsettlement with the responsible party or the responsible party'srepresentatives or federal oil spill funds or judgment of a court of competentjurisdiction against the responsible party to the extent these amounts areduplicative.
(d) The director shall pay only those claims which areapproved pursuant to this section.
(e) A responsible party is not eligible for compensationunder this subsection for costs, expenses, or damages related to the specificdischarge for which the responsible party is determined responsible.
(f) Damage claims may not include expenditures for thepreparation and prosecution of the damage claim, such as legal fees or realestate appraisal fees.
(g) No claims may be submitted for the recovery of damagesunder this chapter unless the claim is presented within three (3) years afterthe date on which the injury and its connection with the oil spill in questionwere reasonably discoverable with the exercise of due care.
§ 46-12.7-10 Claims against the fund.– (a) Any person may apply to the fund for compensation for damages and lossessuffered as a result of an oil spill under any of the following conditions:
(1) The responsible party or parties cannot be ascertained.
(2) A responsible party is not liable for non-economicdamages caused by another.
(3) Federal oil spill funds are not available or will not beavailable in an adequate period of time. Notwithstanding this paragraph, thedirector may expend money from the fund for authorized expenditures when areimbursement procedure is in place to receive reimbursements from federal oilspill funds.
(b) No claim of a person against the fund may be approved orpaid during the pendency of an action by the person in court to recover costs,which are the subject of the claim.
(c) Awards from the fund on damage claims may not include anyamount the claimant has recovered, on account of the same damage, by way ofsettlement with the responsible party or the responsible party'srepresentatives or federal oil spill funds or judgment of a court of competentjurisdiction against the responsible party to the extent these amounts areduplicative.
(d) The director shall pay only those claims which areapproved pursuant to this section.
(e) A responsible party is not eligible for compensationunder this subsection for costs, expenses, or damages related to the specificdischarge for which the responsible party is determined responsible.
(f) Damage claims may not include expenditures for thepreparation and prosecution of the damage claim, such as legal fees or realestate appraisal fees.
(g) No claims may be submitted for the recovery of damagesunder this chapter unless the claim is presented within three (3) years afterthe date on which the injury and its connection with the oil spill in questionwere reasonably discoverable with the exercise of due care.
