41-3612 — EXHAUSTION OF OTHER COVERAGE
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TITLE 41
INSURANCE
CHAPTER 36
INSURANCE GUARANTY ASSOCIATION
41-3612. EXHAUSTION OF OTHER COVERAGE. (1) Any person having a claim
against an insurer, whether or not the insurer is a member 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 right
under such policy. Any amount payable on a covered claim under this act shall
be reduced by the amount of any recovery under such insurance policy.
(2) 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 worker's compensation claim, he shall seek recovery
first from the association of the residence of the claimant. Any recovery
under this act shall be reduced by the amount of recovery from any other
insurance guaranty association or its equivalent.