If a suit is filed or a claim is made against a responsible party who is eligible for payments from the fund for bodily injury or property damage connected with a release of petroleum from a petroleum storage tank, the state risk manager and his legal counsel may participate with the responsible party and his legal counsel in:
Terms Used In Utah Code 19-6-422
Bodily injury: means bodily harm, sickness, disease, or death sustained by a person. See Utah Code 19-6-402
is a tank containing regulated substances that is voluntarily submitted for participation in the Petroleum Storage Tank Fund under Section 19-6-415. See Utah Code 19-6-402
Property damage: means physical injury to, destruction of, or loss of use of tangible property. See Utah Code 19-6-402
Release: means spilling, leaking, emitting, discharging, escaping, leaching, or disposing a regulated substance from a petroleum storage tank into ground water, surface water, or subsurface soils. See Utah Code 19-6-402
Responsible party: is a s defined in Subsections (27)(a)(i), (ii), and (iii) does not include:
(i)
a person who is not an operator and, without participating in the management of a facility and otherwise not engaged in petroleum production, refining, and marketing, holds indicia of ownership:
(A)
primarily to protect the person's security interest in the facility; or
governmental ownership or control of property by involuntary transfers as provided in CERCLA Section 101(20)(D), 42 U. See Utah Code 19-6-402
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
the defense of any suit;
(b)
determination of legal strategy and any other decisions affecting the defense of any suit; and
(c)
any settlement negotiations.
(2)
The state risk manager shall approve any settlement between the responsible party and a third party before payment of fund money is made.
