Utah Code 19-6-422. Participation by state risk manager in suit, claim, or settlement
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(1) 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
- Fund: means the Petroleum Storage Tank Fund created in Section 19-6-409. See Utah Code 19-6-402
- Petroleum: includes crude oil or a fraction of crude oil that is liquid at:(20)(a) 60 degrees Fahrenheit; and(20)(b) a pressure of 14. See Utah Code 19-6-402
- Petroleum storage tank: means a tank that:
(21)(a) is an underground storage tank;(21)(b) is an aboveground petroleum storage tank; or(21)(c) 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:
(27)(b)(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:(27)(b)(i)(A) primarily to protect the person's security interest in the facility; or(27)(b)(i)(B) as a fiduciary or custodian under Title 75, Utah Uniform Probate Code, or under an employee benefit plan; or(27)(b)(ii) governmental ownership or control of property by involuntary transfers as provided in CERCLA Section 101(20)(D), 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
(1)(a) the defense of any suit;(1)(b) determination of legal strategy and any other decisions affecting the defense of any suit; and(1)(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. - Petroleum storage tank: means a tank that: