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17.58.340    THIRD-PARTY DAMAGES: DOCUMENTATION

(1) An owner or operator's payments for third-party damages pursuant to a judgment entered in a court shall include copies of the notice of entry of judgment, abstract of costs, and a declaration of the fees paid by the defendant to each attorney who appeared in the proceeding.

(2) An owner or operator's payments for third-party damages made by agreement in settlement of litigation shall include copies of the settlement agreement and such supporting documents as may be required under (4) .

(3) An owner or operator's payments for third-party damages made by agreement without reference to litigation shall include copies of the settlement agreement and such supporting documents as may be required under (4) .

(4) The board may require a third party claiming bodily injuries to be examined by a physician and the physician's report submitted to the board. The board may require a third party claiming property damage to allow a property appraiser or claims adjuster retained by the board to enter upon the property, inspect it, and report to the board. Such examinations are more likely to be required if the owner or operator has not kept the board apprised of the course of litigation or settlement negotiations as required under ARM 17.58.337. If the owner or operator does not keep the board apprised of the course of litigation or settlement negotiations as required under ARM 17.58.337, the board may refuse to reimburse any portion of a settlement or judgment under the actual, necessary and reasonable standards applied by the board to all expenditures.

(5) The board shall require a listing of amounts attributed to compensation for property damage, bodily injury, or any other aspect of damage resulting from a settlement or judgment.

History: 75-11-318, MCA; IMP, 75-11-309, MCA; NEW, 1990 MAR p. 516, Eff. 3/16/90; TRANS, from DHES, and AMD, 1996 MAR p. 3125, Eff. 12/6/96; AMD, 1999 MAR p. 2279, Eff. 10/8/99.

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