Section 21.80.100. Nonduplication of recovery.

   (a) A person having a claim against an insurer, whether or not the insurer is a member insurer, under a provision in an insurance policy other than a policy of an insolvent insurer that is also a covered claim is required to exhaust first the person's right under the policy. An amount payable on a covered claim under this chapter shall be reduced by the amount of recovery under the insurance policy.
   (b) A 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, the person shall seek recovery first from the association of the location of the property, and if it is a workers' compensation claim, the person shall seek recovery first from the association of the residence of the claimant.  A recovery under this chapter shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.

Notes

History

(Sec. 1 ch 121 SLA 1970; am Sec. 13 ch 39 SLA 2000)