58:10-23.11f14 - Notice of claim, periods of limitations - New Jersey Statutes

58:10-23.11f14. Notice of claim, periods of limitations 
   7.  a.  Notwithstanding the provision of any other law to the contrary, a person shall be barred from recovering against a response action contractor indemnified pursuant to P.L.1991, c.373 (C.58:10-23.11f8 et al.) for injury to persons, or damage to, or loss of, property if: 

  (1)    the claimant fails to file a notice of claim with the contractor within 90 days of accrual of the claim, except that the Superior Court may permit a claimant to file a notice at any time within one year of accrual of the claim provided that the contractor and the State are not substantially prejudiced thereby, and provided further that the claimant shows sufficient reasons for his failure to file a notice of claim within the 90 days; 

  (2)    two years have elapsed since accrual of the claim and the claimant has failed to file an action therefor; or 

  (3)    the claimant or his authorized representative entered into a settlement with respect to the claim. 

  b.     The provisions of this section shall not apply to a claim not subject to legal defense and indemnification pursuant to P.L.1991, c.373 (C.58:10-23.11f8 et al.).  Nothing in this section shall prohibit an infant or incompetent person from commencing an action under this act within the time limitations specified in this section, after his coming or being of full age or sane mind. 

  L.1991,c.373,s.7; per s.22, section expired January 10, 1995.