19-6-117 - Action against insurer or guarantor. - Utah Statutes

19-6-117. Action against insurer or guarantor.
(1) The state may assert a cause of action directly against an insurer or guarantor of anowner or operator if:
(a) a cause of action exists against an owner or operator of a treatment, storage, ordisposal facility, based upon conduct for which the board requires evidence of financialresponsibility under Section 19-6-108, and that owner or operator is in bankruptcy,reorganization, or arrangement pursuant to the federal Bankruptcy Code; or
(b) jurisdiction over an owner or operator, who is likely to be solvent at the time ofjudgment, cannot be obtained in state or federal court.
(2) In that action, the insurer or guarantor may assert all rights and defenses available tothe owner or operator, in addition to rights and defenses that would be available to the insurer orguarantor in an action brought against him by the owner or operator.

Renumbered and Amended by Chapter 112, 1991 General Session