New Jersey § 58:10a-37

§ 58:10a-37.

Notwithstanding any other provision of P.L.1997, c.235 ( C.58:10A-37.1 et seq. ), if an owner or operator maintains environmental liability or other insurance coverage

for the remediation of a discharge, the insurance coverage shall be the primary coverage

for the costs of a remediation. Eligible owners and operators may apply for financial assistance from the fund for

any excess thereof, including any deductible, up to the per facility monetary limits

set forth in section 5 of P.L.1997, c.235 ( C.58:10A-37.5 ). An eligible owner or operator shall file a notice of a claim with its insurance

carrier prior to filing an application for financial assistance from the fund. The notice of claim shall list the fund as a beneficiary of the claim to the extent

of an award of financial assistance is made from the fund. As a condition of receiving an award of financial assistance from the fund, the

eligible owner or operator shall agree to diligently pursue the claim against its

insurance carrier.