§ 977.35. Third-party suit.
(a) Suit. In addition to the requirements of § 977.32 (relating to participant cooperation), the participant shall assist the Fund in its defense of a suit. The participant shall forward to the Fund all materials including:
(1) Technical reports, laboratory data, field notes or any other documents gathered by or on behalf of the participant to abate a release or to implement corrective action.
(2) Documentation of release detection methods, such as tank and line tightness tests or inventory records to verify that a release has taken place.
(3) Correspondence between the participant and any other persons relating to the release or claim that is the subject of the suit.
(4) Demands, summons, notices or other processes or papers filed with, in or by a court of law, administrative agency or an investigative body relating to the release or claim.
(5) The expert reports, investigations and data collected by experts retained by the participant relating to the release or claim.
(6) Other information developed or discovered by the participant concerning the release or claim.
(b) Legal defense undertaken by the Fund. The Fund may settle or defend any claim for bodily injury or property damage. The Fund may assign legal counsel to defend any suit brought against the participant by a third party. The Fund will not reimburse legal fees for any firm not assigned by the Fund.
(c) Defense and exhaustion of limits. The Fund is not required to pay defense costs after the limit of liability is exhausted.
Cross References This section cited in 25 Pa. Code § 977.32 (relating to participant cooperation).
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