Section Odb 405.02 - Coverage Under Other Insurance(a) The fund shall provide excess insurance to reimburse corrective action costs and third-party damage costs not covered within the limits of other valid and collectible insurance. The fund shall provide coverage only after any primary, excess, and umbrella coverage is exhausted.(b) An owner who will seek reimbursement under RSA 146-D:6, IV(b-d) shall first submit claims to other insurance providers for purposes of a coverage determination before submitting any reimbursement requests to the board. The owner shall submit documentation regarding the findings of the coverage determination prior to, or when submitting an initial reimbursement request to the board.(c) An owner may use other insurance to cover the cost of the fund deductible or for costs that are not eligible under the fund. Reimbursements from the fund shall be adjusted such that the total of payments received from the fund and other insurance does not exceed an owner's total incurred costs.(d) The board shall not approve reimbursement to an insurer that submits a claim under a subrogation agreement with the owner or through an owner's attempted assignment of interest.(e) The board shall be subrogated to any claims by an owner for coverage, payments, or reimbursements against any person to whom the owner has a claim.(f) An owner who received fund reimbursement for a discharge occurrence and subsequently receives payment from an insurer for the same discharge occurrence shall0 immediately notify the board of such payment. The board shall determine whether the fund is entitled to full or partial repayment and shall notify the owner of such determination.N.H. Admin. Code § Odb 405.02
#8491, eff 11-22-05; ss by #9935-A, eff 9-1-11 (formerly Odb 405.03)
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019, Expires 12/15/2029