Washington Administrative Code › Title 374 - Pollution Liability Insurance Agency › Chapter 374-70 - Heating oil pollution liability insurance program › Section 374-70-090 - Third-party claims

Current through Register Vol. 24-14, July 15, 2024
Coverage for a third-party claim under the heating oil
				pollution liability insurance program shall be in excess of other valid
				insurance and warranties. Payment of a third-party claim will be made only if
				the cleanup of contamination resulting from an accidental release is not
				covered by other valid insurance and warranties. Corrective action will be
				accomplished by the most cost-effective method available. For a third party to
				receive payment from the heating oil pollution liability insurance program for
				covered corrective action costs, the following actions are required:
(1) The third-party claim must be for
			 corrective action resulting from an accidental release from a heating oil tank
			 which has been registered with PLIA prior to the accidental release;
(2) The claim must satisfy all requirements
			 and restrictions established for third-party claims by chapter 70A.330 RCW and
			 this chapter. Any failure to satisfy all requirements and restrictions may be a
			 basis for denial of claim;
(3) The
			 third-party claimant must provide notice to PLIA that a potential third-party
			 claim may exist as soon as practicable after discovery that damage may have
			 occurred from an accidental release from a named insured's heating oil
			 tank;
(4) The claim must be
			 submitted to PLIA as soon as practicable but no later than 180 days after the
			 date a registered heating oil tank is abandoned or decommissioned;
(5) Upon receipt of notice of a potential
			 claim, PLIA will commence completion of the notice of claim;
(6) If an accidental release from a named
			 insured's heating oil tank has been confirmed as impacting the third-party
			 claimant, PLIA, as designated representative of the insurer will initiate an
			 investigation to determine the source of the contamination. Investigation will
			 be performed by PLIA or a designated representative approved by the insurer.
			 PLIA may also assist the named insured heating oil tank owner in determining if
			 the insured's homeowner's insurance provides coverage for third-party damage.
			 The third-party claimant shall cooperate fully with the investigator and
			 provide any information or access necessary to complete the
			 investigation;
(7) If the claim is
			 determined by PLIA to be valid, the third-party claimant will be notified by
			 PLIA to select an approved heating oil tank service provider to perform
			 corrective action;
(8) The heating
			 oil tank service provider will notify PLIA of selection by the third-party
			 claimant. PLIA will then inform the heating oil tank service provider of the
			 following forms to be used and which are accessed through the online community:
(a) Scope of work proposal. This form will
			 provide the third-party claimant and PLIA the site characterization and a
			 proposal of the extent and elements of corrective action to include analytical
			 samples, as well as a specific cost proposal;
(b) Change order. This form provides a
			 proposal for change or deviation from the scope of work proposal;
(c) Project field report. This form provides
			 a record of all corrective action and work elements, as well as a record of
			 detailed costs. The project field report must include color photographs of the
			 project at commencement, completion, and any significant steps in between, as
			 well as appropriate project sketches and/or plans; and
(d) Closeout report. This form will include a
			 project closeout report, final cleanup report, and corrective action cost
			 claim. The closeout report may serve as the closure of the claim under this
			 program;