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New Jersey Statutes, Title: 58, WATERS AND WATER SUPPLY

    Chapter 10a:

      Section: 58:10a-37.11: Insurance coverage for costs of remediation.

          
11. Notwithstanding any other provision of P.L.1997, c.235 (C.58:10A-37.1 et seq.), if an owner or operator maintains environmental liability or other insurance coverage for the remediation of a discharge, the insurance coverage shall be the primary coverage for the costs of a remediation. Eligible owners and operators may apply for financial assistance from the fund for any excess thereof, including any deductible, up to the per facility monetary limits set forth in section 5 of P.L.1997, c.235 (C.58:10A-37.5). An eligible owner or operator shall file a notice of a claim with its insurance carrier prior to filing an application for financial assistance from the fund. The notice of claim shall list the fund as a beneficiary of the claim to the extent of an award of financial assistance is made from the fund. As a condition of receiving an award of financial assistance from the fund, the eligible owner or operator shall agree to diligently pursue the claim against its insurance carrier.

L.1997,c.235,s.11.



This section added to the Rutgers Database: 2012-09-26 13:37:57.






Older versions of 58:10a-37.11 (if available):



Court decisions that cite this statute: CLICK HERE.