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Indiana Administrative Code (Last Updated: December 20, 2016) |
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Title 328. UNDERGROUND STORAGE TANK FINANCIAL ASSURANCE BOARD |
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Article 328IAC1. PAYMENT OF CORRECTIVE ACTION AND THIRD PARTY LIABILITY CLAIMS FROM THE EXCESS LIABILITY TRUST FUND |
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Rule 328IAC1-1. Definitions and References |
Section 328IAC1-1-10. "Third party liability" defined
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(a) "Third party liability" means the damage a tank owner or operator is legally obligated to pay for injury, costs, and damage suffered by a third party as the result of a release. The term includes bodily injury and property damage.
(b) The term does not include the following:
(1) Punitive or exemplary damages.
(2) Claims for injury, costs, or damages arising on behalf or in favor of a person listed in 328 IAC 1-3-1.
(3) Costs that were previously determined ineligible for reimbursement.
(Underground Storage Tank Financial Assurance Board; 328 IAC 1-1-10; filed Dec 4, 1992, 11:00 a.m.: 16 IR 1052; readopted filed Jan 10, 2001, 3:21 p.m.: 24 IR 1534; filed Oct 17, 2001, 4:30 p.m.: 25 IR 789; filed Aug 30, 2004, 9:40 a.m.: 28 IR 125; readopted filed May 14, 2007, 1:52 p.m.: 20070523-IR-328070137BFA; readopted filed Jul 29, 2013, 9:18 a.m.: 20130828-IR-328130177BFA)