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U.S. Code as of:
01/19/04
Section 2715. Subrogation
(a) In general
Any person, including the Fund, who pays compensation pursuant to
this Act to any claimant for removal costs or damages shall be
subrogated to all rights, claims, and causes of action that the
claimant has under any other law.
(b) Interim damages
(1) In general
If a responsible party, a guarantor, or the Fund has made
payment to a claimant for interim, short-term damages
representing less than the full amount of damages to which the
claimant ultimately may be entitled, subrogation under subsection
(a) of this section shall apply only with respect to the portion
of the claim reflected in the paid interim claim.
(2) Final damages
Payment of such a claim shall not foreclose a claimant's right
to recovery of all damages to which the claimant otherwise is
entitled under this Act or under any other law.
(c) Actions on behalf of Fund
At the request of the Secretary, the Attorney General shall
commence an action on behalf of the Fund to recover any
compensation paid by the Fund to any claimant pursuant to this Act,
and all costs incurred by the Fund by reason of the claim,
including interest (including prejudgment interest), administrative
and adjudicative costs, and attorney's fees. Such an action may be
commenced against any responsible party or (subject to section 2716
of this title) guarantor, or against any other person who is
liable, pursuant to any law, to the compensated claimant or to the
Fund, for the cost or damages for which the compensation was paid.
Such an action shall be commenced against the responsible foreign
government or other responsible party to recover any removal costs
or damages paid from the Fund as the result of the discharge, or
substantial threat of discharge, of oil from a foreign offshore
unit.
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