Indiana § 13-23-9-3 Requirements for payment of ELTF indemnity claim; attorney general
approval; state comptroller payment

Indiana Statutes

§ 13-23-9-3 — Requirements for payment of ELTF indemnity claim; attorney general approval; state comptroller payment

Indiana·Art. 23 UNDERGROUND STORAGE TANKS·Ch. 9 Payment From Excess Liability Fund

(a)To receive payment of an ELTF indemnity claim, a claimant must:

(1)submit to the administrator a claim, consisting of a request for indemnification of a third party, containing any information required by the administrator; and

(2)forward a copy of the claim to the attorney general for the attorney general's approval.

(b)The attorney general shall approve an ELTF indemnity claim forwarded under subsection (a)(2) if the attorney general determines that there is:

(1)a legally enforceable and final judgment against the claimant caused by a release of petroleum that was not entered as a result of:

(A)fraud;

(B)negligence; or

(C)an inadequate defense on the part of the attorney of the claimant; or

(2)a reasonable settlement between the claimant and the third party.

(c)If the attorn

Free access — add to your briefcase to read the full text and ask questions with AI

(a) To receive payment of an ELTF indemnity
claim, a claimant must:
(1) submit to the administrator a claim, consisting of a request for
indemnification of a third party, containing any information
required by the administrator; and
(2) forward a copy of the claim to the attorney general for the
attorney general's approval.
(b) The attorney general shall approve an ELTF indemnity claim
forwarded under subsection (a)(2) if the attorney general determines
that there is:
(1) a legally enforceable and final judgment against the claimant
caused by a release of petroleum that was not entered as a result
of:
(A) fraud;
(B) negligence; or
(C) an inadequate defense on the part of the attorney of the
claimant; or
(2) a reasonable settlement between the claimant and the third
party.
(c) If the attorney general approves an ELTF indemnity claim under
subsection (b), the administrator shall pay the claim if the claimant is
in compliance with the requirements of this article and the rules
adopted under this article.
(d) The attorney general shall approve or deny an ELTF indemnity
claim under subsection (b) not later than sixty (60) days after receiving
the request.
(e) Not more than seven (7) days after approving an ELTF
indemnity claim under this section, the attorney general shall forward
a copy of the attorney general's notice of approval to the state
comptroller.
(f) Not more than thirty (30) days after receiving a notice of
approval under subsection (e), the state comptroller shall pay to the
claimant the approved amount from money available in the ELTF.
(g) If the attorney general denies an ELTF indemnity claim under
this section, the attorney general shall notify the claimant and the
administrator of the denial not later than ten (10) days after denying the
ELTF indemnity claim.
[Pre-1996 Recodification Citations: 13-7-20-38;
13-7-20-39(b).]

Indiana § 13-23-9-3 (Requirements for payment of ELTF indemnity claim; attorney general approval; state comptroller payment) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.