(a) Except as provided in subsection (b) of this section, all claims shall be presented to the owner, operator or guarantor.
(b) In the case of a claim presented in accordance with subsection (a) of this section, and in which:
(1) The person to whom the claim is presented denies all liability for the claim, for any reason; or
(2) The claim is not settled by any person by payment to the claimant within 60 days of the date upon which the claim was presented, or advertising was commenced pursuant to § 6210(b)(2) of this title, whichever is later,
the claimant may elect to commence an action in Superior Court against the owner, operator or guarantor.
(c) (1) In any action brought against an owner, operator or guarantor, both the plaintiff and defendant shall serve a copy of the complaint and all subsequent pleadings therein upon the Attorney General and Secretary at the same time those pleadings are served upon the opposing parties.
(2) The Attorney General may intervene in the action as a matter of right.
(3) In any action to which the Secretary is a party, if the owner, operator or guarantor admits liability under this chapter, the Secretary upon his or her motion shall be dismissed therefrom.
(d) No claim may be presented, nor may an action be commenced for damages recoverable under this chapter, unless that claim is presented to, or that action is commenced against, the owner, operator or guarantor, as to their respective liabilities, within 3 years from the date of discovery of the economic loss for which a claim may be asserted under § 6207(a) of this title or within 6 years of the date of the incident which resulted in that loss, whichever is earlier.
61 Del. Laws, c. 127, § 1; 70 Del. Laws, c. 186, § 1.
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