33 U.S.C. § 2715 — Subrogation
submitted 36 years ago by Pub. L. 101-380 to r/title-33-NAVIGATION-AND-NAVIGABLE-WATERS · 395 words · no verdicts yet
Anyone who pays compensation for oil-removal costs or damages receives the claimant’s rights and claims under other law, with a limited rule for interim damages. The Attorney General must bring Fund-recovery actions when requested, and authorized agency heads may settle unreferred claims, subject to approval for larger claims.
(a) In general. A person, including the Fund, who pays a claimant compensation under this Act for removal costs or damages becomes subrogated to all rights, claims, and causes of action that the claimant has under any other law.
(b) Interim damages.
(1) General rule. If a responsible party, guarantor, or the Fund pays a claimant interim, short-term damages that are less than the full damages the claimant may ultimately receive, the subrogation under subsection (a) covers only the part of the claim represented by the paid interim claim.
(2) Final damages. Paying the interim claim does not take away the claimant’s right to recover all damages the claimant is otherwise entitled to under this Act or another law.
(c) Actions on behalf of Fund. At the Secretary’s request, the Attorney General must bring an action for the Fund to recover compensation the Fund paid a claimant under this Act and all costs the Fund incurred because of the claim. These costs include interest, including prejudgment interest, administrative and decision-making costs, and attorney’s fees. The action may be brought against a responsible party, a guarantor subject to section 2716 of this title, or anyone else liable under any law to the compensated claimant or the Fund for the costs or damages for which compensation was paid. The action must be brought against the responsible foreign government or other responsible party to recover removal costs or damages paid from the Fund because oil was discharged, or substantially threatened to be discharged, from a foreign offshore unit or another facility seaward of the exclusive economic zone.
(d) Authority to settle. The head of a department or agency responsible for recovering money for which a person is liable under this subchapter may consider, compromise, and settle a claim for that money, including Fund costs, if the claim has not been referred to the Attorney General. If the total amount that may be recovered is more than $500,000, not counting interest, the claim may be compromised or settled only with the Attorney General’s prior written approval.
Any person, including the Fund, who pays compensation pursuant to this Act to any claimant for removal costs or damages shall be subrogated to all rights, claims, and causes of action that the claimant has under any other law.
If a responsible party, a guarantor, or the Fund has made payment to a claimant for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled, subrogation under subsection (a) shall apply only with respect to the portion of the claim reflected in the paid interim claim.
Payment of such a claim shall not foreclose a claimant’s right to recovery of all damages to which the claimant otherwise is entitled under this Act or under any other law.
At the request of the Secretary, the Attorney General shall commence an action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act, and all costs incurred by the Fund by reason of the claim, including interest (including prejudgment interest), administrative and adjudicative costs, and attorney’s fees. Such an action may be commenced against any responsible party or (subject to section 2716 of this title) guarantor, or against any other person who is liable, pursuant to any law, to the compensated claimant or to the Fund, for the cost or damages for which the compensation was paid. Such an action shall be commenced against the responsible foreign government or other responsible party to recover any removal costs or damages paid from the Fund as the result of the discharge, or substantial threat of discharge, of oil from a foreign offshore unit or other facility located seaward of the exclusive economic zone.
The head of any department or agency responsible for recovering amounts for which a person is liable under this subchapter may consider, compromise, and settle a claim for such amounts, including such costs paid from the Fund, if the claim has not been referred to the Attorney General. In any case in which the total amount to be recovered may exceed $500,000 (excluding interest), a claim may be compromised and settled under the preceding sentence only with the prior written approval of the Attorney General.
Source credit: (Pub. L. 101–380, title I, § 1015, Aug. 18, 1990, 104 Stat. 502; Pub. L. 104–324, title XI, § 1142(d), Oct. 19, 1996, 110 Stat. 3991; Pub. L. 108–293, title VII, § 706, Aug. 9, 2004, 118 Stat. 1076; Pub. L. 115–91, div. C, title XXXV, § 3508(b)(1)(B), Dec. 12, 2017, 131 Stat. 1916.)
- 1990Enacted · Pub. L. 101-380 · 104 Stat. 502
- 1996Amended · Pub. L. 104-324 · 110 Stat. 3991
- 2004Amended · Pub. L. 108-293 · 118 Stat. 1076
- 2017Amended · Pub. L. 115-91 · 131 Stat. 1916
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-380 on 1990-08-18.
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