[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR10.3]
[Page 183-184]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
PART 10_ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT--Table of Contents
Subpart B_Procedures
Sec. 10.3 Administrative claims; who may file.
(a) A claim for injury to or loss of property may be presented by
the owner of the property interest which is the subject of the claim,
his duly authorized agent, or his legal representative.
(b) A claim for personal injury may be presented by the injured
person, his duly authorized agent, or his legal representative.
(c) A claim based on death may be presented by the executor or
administrator of the decedent's estate or by any other person legally
entitled to assert such a claim under applicable State law.
(d) A claim for loss wholly compensated by an insurer with the
rights of a subrogee may be presented by the insurer. A claim for loss
partially compensated by an insurer with the rights of a subrogee may be
presented by the insurer or the insured individually as their respective
interests appear, or jointly. Whenever an insurer presents a claim
asserting the rights of a subrogee, he shall present with his claim
appropriate evidence that he has the rights of a subrogee.
(e) A claim presented by an agent or legal representative shall be
presented in the name of the claimant, be signed by the agent or legal
representative,
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show the title or legal capacity of the person signing, and be
accompanied by evidence of his authority to present a claim on behalf of
the claimant as agent, executor, administrator, parent, guardian, or
other representative.