[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR295.13]



[Page 542-543]

 

              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 543]]



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.