Subdivision 1. Subsequent action or claim prohibited in certain cases. (a) A person who has settled a claim for an eligible injury or eligible property damage with a responsible person, either before or after bringing an action in court for that injury or damage, may not file a claim with the fund for the same injury or damage. A person who has received a favorable judgment in a court action for an eligible injury or eligible property damage may not file a claim with the fund for the same injury or damage, unless the judgment cannot be satisfied in whole or in part against the persons responsible for the release of the harmful substance. A person who has filed a claim with the agency or its predecessor, the Harmful Substance Compensation Board, may not file another claim with the agency for the same eligible injury or damage, unless the claim was inactivated by the agency or board as provided in section 115B.32, subdivision 1.
(b) A person who has filed a claim with the agency or board for an eligible injury or damage, and who has received and accepted an award from the agency or board, is precluded from bringing an action in court for the same eligible injury or damage.
(c) A person who files a claim with the agency for personal injury or property damage must include all known claims eligible for compensation in one proceeding before the agency.
Subd. 2. Use of protected information and agency findings. The findings and decision of the agency are inadmissible in any court action. Protected information may not be used in any court action except to the extent that the information is otherwise available to a party or discovered under the applicable Rules of Civil or Criminal Procedure.
Subd. 3. Subrogation by state. The state is subrogated to all the claimant's rights under statutory or common law to recover losses compensated from the fund from other sources, including responsible persons as defined in section 115B.03. The state may bring a subrogation action in its own name or in the name of the claimant. The state may not bring a subrogation action against a person who was a party in a court action by the claimant for the same eligible injury or damage, unless the claimant dismissed the action prior to trial. Money recovered by the state under this subdivision must be deposited in the fund. Nothing in sections 115B.25 to 115B.37 shall be construed to create a standard of recovery in a subrogation action.
Subd. 4. Simultaneous claim and court action prohibited. A claimant may not commence a court action to recover for any injury or damage for which the claimant seeks compensation from the fund during the time that a claim is pending before the agency. A person may not file a claim with the agency for compensation for any injury or damage for which the claimant seeks to recover in a pending court action. The time for filing a claim under section 115B.30 or the statute of limitations for any civil action is suspended during the period of time that a claimant is precluded from filing a claim or commencing an action under this subdivision.
1Sp1985 c 8 s 10; 1986 c 444; 1989 c 325 s 78; 1991 c 199 art 1 s 23; 2002 c 379 art 2 s 8-10; 2003 c 128 art 2 s 18-20; 2004 c 228 art 1 s 26
Structure Minnesota Statutes
Chapters 114C - 116I — Environmental Protection
Chapter 115B — Environmental Response And Liability
Section 115B.02 — Definitions.
Section 115B.03 — Responsible Person.
Section 115B.04 — Liability For Response Costs And Natural Resources; Limitations And Defenses.
Section 115B.055 — Effect Of Removing And Repealing Certain Provisions.
Section 115B.06 — Application To Past Actions.
Section 115B.08 — Apportionment And Contribution.
Section 115B.09 — Comparative Fault And Contribution.
Section 115B.10 — No Avoidance Of Liability; Insurance And Subrogation.
Section 115B.11 — Statute Of Limitations.
Section 115B.12 — Other Remedies Preserved.
Section 115B.13 — Double Recovery Prohibited.
Section 115B.14 — Awarding Costs.
Section 115B.15 — Applicability.
Section 115B.16 — Disposition Of Facilities.
Section 115B.17 — State Response To Releases.
Section 115B.171 — Testing For Private Wells; East Metropolitan Area.
Section 115B.172 — Natural Resources Damages Account.
Section 115B.175 — Voluntary Response Actions; Liability Protection; Procedures.
Section 115B.177 — Owner Of Real Property Affected By Off-site Release.
Section 115B.178 — Association With Release; Commissioner's Determination.
Section 115B.179 — Commissioner's Authority Not Limited.
Section 115B.19 — Purpose Of Remediation Fund.
Section 115B.20 — Actions Using Money From Remediation Fund.
Section 115B.25 — Definitions.
Section 115B.26 — Paying Claims.
Section 115B.28 — Powers And Duties Of Agency.
Section 115B.29 — Eligible Persons.
Section 115B.30 — Eligible Injury And Damage.
Section 115B.31 — Other Actions.
Section 115B.32 — Claim For Compensation.
Section 115B.33 — Claim Standards.
Section 115B.34 — Compensable Losses.
Section 115B.35 — Determining Claims.
Section 115B.36 — Amount And Form Of Payment.
Section 115B.37 — Attorney Fees.
Section 115B.39 — Landfill Cleanup Program; Establishment.
Section 115B.402 — Illegal Actions At Qualified Facilities.
Section 115B.405 — Excluded Facilities.
Section 115B.406 — Priority Qualified Facilities.
Section 115B.407 — Acquiring And Disposing Of Real Property At Priority Qualified Facilities.
Section 115B.408 — Depositing Proceeds.
Section 115B.41 — Allocating Costs; Failure To Comply.
Section 115B.412 — Program Operation.
Section 115B.414 — Third-party Claims; Mediation; Defense.
Section 115B.42 — Remediation Fund.
Section 115B.421 — Closed Landfill Investment Fund.
Section 115B.43 — Reimbursable Parties And Expenses.
Section 115B.431 — Closed Landfill Solar Redevelopment And Reuse Account.
Section 115B.441 — Insurance Claims Settlement And Recovery Process; Findings And Purpose.
Section 115B.442 — Settlement Process; Information Gathering.
Section 115B.443 — Settlement Process.
Section 115B.444 — State Action Against Insurers.
Section 115B.445 — Depositing Proceeds.
Section 115B.48 — Definitions.
Section 115B.49 — Dry Cleaner Environmental Response And Reimbursement Account.
Section 115B.491 — Dry Cleaning Facility Use Fee; Facilities To File Return.
Section 115B.492 — Allocating Payment.
Section 115B.50 — Response Actions.
Section 115B.51 — Illegal Actions.
Section 115B.52 — Water Quality And Sustainability Account.
Section 115B.53 — Water Quality And Sustainability Stakeholders.