Subchapter 3: MAINE INSURANCE GUARANTY ASSOCIATION
§4443. Nonduplication of recovery
1.Insurance policy. Any person having a claim against an insurer under any provision in an insurance policy, other than that of an insolvent
insurer, which is also a covered claim, shall be required to exhaust first the person's right under the policy. Any amount
otherwise payable on a covered claim under this subchapter shall be reduced by the amount of any recovery under the insurance
policy.
[
1987, c. 707, §10 (NEW)
.]
2.Governmental insurance. Any person having a claim or legal right of recovery under any governmental insurance, which is also a covered claim, shall
be required to exhaust first that person's right under that insurance. Any amount payable on a covered claim under this subchapter
shall be reduced by the amount of any recovery under that insurance.
[
1987, c. 707, §10 (NEW)
.]
3.Insurance guaranty association. Any person having a claim which may be recovered from 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, that person shall seek recovery first from the association of the location
of the property, and, if it is a workers' compensation claim, that person shall seek recovery first from the association of
the residence of the claimant. Any recovery under this subchapter shall be reduced by the amount of recovery from any other
insurance guaranty association or its equivalent.
[
1987, c. 707, §10 (NEW)
.]
SECTION HISTORY
1969, c. 561, (NEW).
1987, c. 707, §10 (RPR).
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