Subdivision 1. Selecting qualified facilities. The commissioner and the attorney general shall select qualified facilities for which they intend to make offers of settlement to insurers under section 115B.443. The first group of qualified facilities, consisting of not less than ten facilities, must be selected within 60 days after March 27, 1996. Upon selection of a qualified facility under this subdivision, the commissioner shall commence reasonable efforts to identify potential insurance policyholders and insurance coverage for the qualified facility in accordance with this section.
Subd. 1a. Definition of qualified facilities. For the purposes of sections 115B.441 to 115B.445, "qualified facility" means only those qualified facilities defined in section 115B.39, subdivision 2, paragraph (o), clause (1).
Subd. 2. Potential insurance policyholder. For the purpose of this section, "potential insurance policyholder" means a person who may bear legal responsibility for environmental response costs related to a qualified facility including the following:
(1) a person who has been the subject of a request for response action under section 115B.17, or an order under section 106 of the federal Superfund Act with respect to a qualified facility;
(2) an owner or operator of a qualified facility;
(3) a person who engaged in commercial, industrial, or other activities generally known to produce waste containing a hazardous substance, or pollutant or contaminant, and whose waste was disposed of at a qualified facility; and
(4) a person who engaged in the business of hauling waste for disposal and who accepted waste from one or more persons of the type described in clause (3) for transport to a qualified facility.
Subd. 3. Identifying potential insurance policyholders. The commissioner may request information from a person that the commissioner has reason to believe is a potential insurance policyholder or has information needed to identify potential insurance policyholders. The recipient of the request shall provide to the commissioner any information in the person's possession, or which the person can reasonably obtain, that the commissioner requires to identify potential insurance policyholders for a qualified facility and to explain to the commissioner the person's efforts to discover and provide the information. An owner or operator of a qualified facility shall retain and preserve all documents and other information relevant to the identification of potential insurance policyholders for the qualified facility.
Subd. 4. Identifying potential insurance coverage. The commissioner may request a person that the commissioner has reason to believe is a potential insurance policyholder to provide, and the recipient of the request shall provide to the commissioner, any information in the person's possession, or which the person can reasonably obtain, regarding the person's potential liability insurance coverage for environmental response costs related to a qualified facility. A potential insurance policyholder for which evidence of potential coverage has been identified shall cooperate with reasonable requests of the commissioner or the attorney general for assistance in preparing for and negotiating a settlement under this section or in preparing or pursuing a claim under section 115B.444 related to that policyholder's potential coverage. Nothing in this subdivision relieves a potential insurance policyholder of any duties imposed upon it pursuant to the terms, conditions, and provisions of its insurance policy, including any duty to cooperate with its insurer in the investigation, negotiation, and settlement of claims or demands, or the defense of suits. The commissioner may contract for the services of persons to assist in reconstructing insurance policies and potential coverage from incomplete insurance information. The commissioner may authorize the attorney general to carry out all or a portion of the authority provided in this section.
Subd. 5. Identifying potential coverage; insurers. The commissioner may request an insurer to make reasonable efforts to identify or confirm potential insurance coverage of any potential insurance policyholder identified under subdivision 4, or may direct the potential insurance policyholder to make this request of an insurer. An insurer that is requested to identify or confirm potential coverage of a potential insurance policyholder under this subdivision has 90 days after receiving the request to confirm coverage or to provide all information in the possession of the insurer that may assist in identifying potential coverage, and to explain the insurer's efforts to discover and provide such information. An insurer requested to provide information under this subdivision shall preserve all information relevant to the request until any claim relating to the request is resolved.
Subd. 6. Enforcement. Subdivisions 3 to 5 are enforceable under sections 115.071 and 116.072.
1996 c 370 s 2; 1999 c 231 s 145; 2017 c 93 art 2 s 165
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.