[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR295.13]

[Page 524-525]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 295--CERRO GRANDE FIRE ASSISTANCE--Table of Contents
 
               Subpart B--Bringing a Claim Under the CGFAA
 
Sec. 295.13  Subrogation.

    An insurer or other third party with the rights of a subrogee, who 
has compensated an Injured Person for Cerro Grande Fire related losses, 
may file a Subrogation Notice of Loss under the CGFAA for the subrogated 
claim. An insurer or other third party with the rights of a subrogee may 
file a Subrogation Notice of Loss without regard to whether the Injured 
Party who received payment from the insurer or third party filed a 
Notice of Loss. A Subrogation Notice of Loss may not be filed until the 
insurer or other party with the rights of a subrogee has made all 
payments that it believes the Injured Person is entitled to receive for 
Cerro Grande Fire related losses under the terms of the insurance policy 
or other agreement between the insurer or other party with the rights of 
a subrogee and the Injured Person. By filing a Subrogation Notice of 
Loss for any subrogated claim, the insurer or third party elects the 
CGFAA as its exclusive remedy against the United States for all 
subrogated claims arising

[[Page 525]]

out of the Cerro Grande Fire. Subrogation claims must be made on a 
Subrogation Notice of Loss form furnished by OCGFC. FEMA will evaluate 
subrogation claims on their merits. FEMA may reimburse insurers and 
other third parties with the rights of a subrogee for reasonable 
payments made to an Injured Party on or before October 25, 2000, which 
exceeded or were not required by the terms of the insurance policy or 
other agreement creating a right of subrogation. FEMA will not reimburse 
insurers and other third parties with the rights of a subrogee for 
payments made to an Injured Party after October 25, 2000 that exceeded 
or are not required by the terms of the insurance policy or other 
agreement creating a right of subrogation.