N.M. Admin. Code § 20.5.123.2319 - SUBROGATION
A. The department
has a right of subrogation to any insurance policies in existence at the time
of the release to the extent of any rights the owner or operator of a site may
have had under that policy, pursuant to Subsection D of Section
74-6B-8
NMSA 1978. The department's subrogation rights are limited to the extent of the
department's expenditures from the corrective action fund or other sources. The
owner or operator shall include in the first application for payment a copy of
any insurance policies which were in effect on the date of the report, as well
as any policies which were in existence at the time the release may have
occurred and which may insure the owner or operator against all or part of the
costs of taking corrective action. The owner or operator shall also report to
the department any claims filed against any policy identified in accordance
with this section or Subsection G of 20.5.123.2310 NMAC.
B. The department has a right of subrogation
against any third party who caused or also contributed to the release, pursuant
to Subsection D of Section
74-6B-8
NMSA 1978. This right of subrogation shall apply regardless of any applications
for payment the owner or operator may have made or intends to make for payment
from the fund. The owner or operator shall report to the department the
identity of any third party against whom a claim is filed and provide a copy of
any claim filed against that party.
Notes
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