§ 23-25.2-7 - No waiver or enlargement of rights – Subrogation.
SECTION 23-25.2-7
§ 23-25.2-7 No waiver or enlargement ofrights – Subrogation. – (a) An award of relief under this chapter to any person shall not constitute awaiver of any common law or statutory claim for damages or other relief thatthe person may have against any pesticide manufacturer, pesticide applicator,or other responsible party nor shall the award of relief in any way limit theliability of any responsible party. An award of relief under this chapter shallnot be construed or found to be an admission of or finding of liability againstthe responsible party in a subsequent liability suit or in a subrogation claimfiled by the director pursuant to subsection (b). This chapter shall not beconstrued to enlarge, limit, or abrogate existing substantive rights.
(b) The fund shall be subrogated, to the extent of the reliefawarded, to the right of the recipient of the relief to recover from theresponsible party. The director is empowered to bring suit in superior court inthe name of the department of environmental management against the responsibleparty to enforce its subrogated claim. The director, with the assistance ofcounsel for the department of environmental management, shall draft appropriatesubrogation agreements and shall require applicants for emergency relief toexecute the agreements as a condition of receiving relief. The director'saction in bringing suit to enforce its subrogated claim shall not deprive therecipient of relief from bringing a separate action or joining in the action ofthe director.