Michigan Laws 285.365 – Acceptance of compensation as full and complete release of claim; exceptions to right of indemnity
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Terms Used In Michigan Laws 285.365
- Department: means the department of agriculture and rural development. See Michigan Laws 285.362
- Livestock: means that term as it is defined in section 3 of the animal industry act, 1988 PA 466, MCL 287. See Michigan Laws 285.362
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Acceptance of compensation under this act constitutes a full and complete release of any claim the owner has against this state, its departments, agencies, officers, employees, agents, and contractors to the extent these persons were acting on behalf of this state, within the scope of their employment with this state or under the direction of this state, its departments, agencies, officers, or employees related to the death, injury, or loss of the livestock.
(2) The right to indemnity under this act does not apply to livestock determined by the department to have been imported without meeting import requirements such as an official interstate health certificate or official interstate certificate of veterinary inspection, required testing, required vaccination, or to livestock determined by the department to have been illegally moved within this state. An owner is not entitled to indemnity from this state for an animal that comes into the possession of the owner with the owner’s knowledge that the animal is diseased or is suspected of having been exposed to an infectious, contagious, or toxicological disease. In addition, the department shall not indemnify an owner for animals that have been exposed to an animal that comes into the possession of the owner with the owner’s knowledge that the animal is diseased or is suspected of having been exposed to an infectious, contagious, or toxicological disease.