40-1302. Cause of action; exclusive means of recovery; legal duty
194 words·~1 min read·
/az/title-40/40-1302A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. This chapter does not establish a new cause of action. If there is a conflict between this chapter and any other state law, this chapter controls.
B. Except as otherwise agreed to in writing or established by federal law, this chapter establishes the exclusive means of recovery from an electric utility for claims or damages that result from wildfires.
C. This chapter does not establish any additional legal duty that supports any claim that would not otherwise already exist.
D. In any cause of action against a parent, subsidiary or other corporate affiliate of an electric utility that is related to a wildfire, that parent, subsidiary or other corporate affiliate of the electric utility shall be treated the same as and considered equivalent to an electric utility for the purposes of section 40-1304.
E. In any cause of action against an electric utility that is related to a wildfire, any attachor shall be considered to be an electric utility and to be covered by the electric utility's wildfire mitigation plan for the purposes of section 40-1304 with respect to any liability that may be alleged to have arisen out of the attachor's equipment.