Section Odb 408.01 - Owner's Duties in the Event of Claim or Suit(a) If a demand for payment of third-party damages is made against an owner who will seek reimbursement under RSA 146-D:6, II, the owner shall forward such demand to the board within 30 days of receipt and shall inform the board of any attempts made to settle the matter before the filing of a writ or petition. The owner shall undertake any actions necessary to obtain a reasonable settlement, including initiating demands against other parties who may be liable to the owner for such damages.(b) Upon service of a writ or petition filed in a court of law by a third party the owner shall provide written notice to the board within 30 days of the return date.(c) The owner shall provide the board with a copy of all documents related to the third-party action, including those filed with the court, and shall provide timely notice of scheduled hearings, settlement conferences and other actions throughout the proceedings.(d) The owner shall defend the claim to preserve the right to seek reimbursement for third-party damages. The owner shall cooperate fully with the board in all matters relating to defending the claim.(e) The owner shall enforce any right to contribution or indemnity against any person or organization who may be liable to the owner or to the third party claimant and shall seek to join such person or organization in any suit brought by a third party against the owner.(f) The owner shall submit all proposed settlements to the board before entering an agreement with the claimant and before seeking approval from the court.N.H. Admin. Code § Odb 408.01
#8491, eff 11-22-05; ss by #9935-A, eff 9-1-11
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12941, Effective 12/15/2019, Expires 12/15/2029