§ 2715. — Subrogation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2715]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 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.
(Pub. L. 101-380, title I, Sec. 1015, Aug. 18, 1990, 104 Stat. 502; Pub.
L. 104-324, title XI, Sec. 1142(d), Oct. 19, 1996, 110 Stat. 3991.)
References in Text
This Act, referred to in text, is Pub. L. 101-380, Aug. 18, 1990,
104 Stat. 484, as amended, known as the Oil Pollution Act of 1990, which
is classified principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out under section 2701
of this title and Tables.
Amendments
1996--Subsecs. (b), (c). Pub. L. 104-324 added subsec. (b) and
redesignated former subsec. (b) as (c).
Section Referred to in Other Sections
This section is referred to in title 26 section 9509.
