15A NCAC 02P .0403        THIRD PARTY CLAIMS

(a)  An owner or operator seeking reimbursement from the appropriate fund for any third party claim for bodily injury or property damage must notify the Division of any such claim.  The owner or operator must provide the Division with all pleadings and other related documents if a lawsuit has been filed.  The owner or operator shall provide to the Division copies of any medical reports, statements, investigative reports, or certifications from licensed professionals necessary to determine that a claim for bodily injury or property damage is reasonable and necessary.

(b)  The term third party bodily injury means specific physical bodily injury proximately resulting from exposure, explosion, or fire caused by the presence of a petroleum release and which is incurred by a person other than the owner or operator, or employees or agents of an owner or operator.

(c)  The term third party property damage means actual physical damage or damage due to specific loss of normal use of property owned by a person other than the owner or operator of an underground storage tank from which a release has occurred.  A property owner shall not be considered a third party if the property was transferred by the owner or operator of an underground storage tank in anticipation of damage due to a release.  Third party property damage shall be reimbursed from the appropriate fund based on the rental costs of comparable property during the period of loss of use up to a maximum amount equal to the fair market value.  In the case of property that is actually destroyed as a result of a petroleum release, reimbursement shall be at an amount necessary to replace or repair the destroyed property.

 

History Note:        Authority G.S. 143‑215.3; 143‑215.94B; 143‑215.94D; 143‑215.94E; 143‑215.94L; 143‑215.94T;

143B-282;

Eff. February 1, 1993.