2015 Code of Alabama
Title 27 - INSURANCE.
Chapter 42 - INSURANCE GUARANTY ASSOCIATION.
Section 27-42-12 - Exhaustion of rights; nonduplication of recovery.

AL Code § 27-42-12 (2015) What's This?
Section 27-42-12Exhaustion of rights; nonduplication of recovery.

(a) Any person having a claim against an insurer under any provision in an insurance policy other than a policy of an insolvent insurer which is also a covered claim, shall be required to exhaust first his rights under such policy. Any amount payable on a covered claim under this chapter shall be reduced by the amount of any recovery under such insurance policy.

(b) Any person having a claim which may be recovered under more than one insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured except that if it is a first party claim for damage to property with a permanent location, he shall seek recovery first from the association of the location of the property and if it is a workmen's compensation claim, he shall seek recovery first from the association of the residence of the claimant. Any recovery under this chapter shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.

(Acts 1980, No. 80-806, p. 1639, §12.)

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