19-6-421. Third party payment restrictions and requirements.
(1) If there are sufficient revenues in the fund, and subject to the provisions of Sections
19-6-419, 19-6-422, and 19-6-423, the executive secretary shall authorize payment from the fund
to third parties regarding a release covered by the fund as provided in Subsection (2) if:
(a) (i) he is notified that a final judgment or award has been entered against the
responsible party covered by the fund that determines liability for bodily injury or property
damage to third parties caused by a release from the tank; or
(ii) approved by the state risk manager, the responsible party has agreed to pay an amount
in settlement of a claim arising from the release; and
(b) the responsible party has failed to satisfy the judgment or award, or pay the amount
agreed to.
(2) The executive secretary shall authorize payment to the third parties of the amount of
the judgment, award, or amount agreed to subject to the limitations established in Section
19-6-419.
Amended by Chapter 172, 1997 General Session
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Last revised: Thursday, May 28, 2009