Okla. Stat. tit. 36, § 36-2010
This is the official text of Okla. Stat. tit. 36, § 36-2010, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
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Payment of covered claims - Recovery from certain persons
Official statutory text
- Priority of claims.
A. Any person recovering under the Oklahoma Property and
Casualty Insurance Guaranty Association Act shall be deemed to have
assigned the rights of the person under the policy to the Oklahoma
Property and Casualty Insurance Guaranty Association to the extent
of the recovery of the person from the Association. Every insurer
or claimant seeking the protection of this act shall cooperate with
the Association to the same extent as the person would have been
required to cooperate with the insolvent insurer. In the case of an
insolvent insurer operating on a plan with assessment liability,
payment of covered claims by the Association shall not operate to
reduce the liability of insureds to the receiver, liquidator or
statutory successor for unpaid assessments.
B. The Association shall have the right to recover from any
person who is an affiliate of the insolvent insurer all amounts paid
by the Association on behalf of that person pursuant to the
provisions of the Oklahoma Property and Casualty Insurance Guaranty
Association Act, whether for indemnity, defense or otherwise.
C. The receiver, liquidator or statutory successor of an
insolvent insurer shall be bound by settlements of covered claims by
the Association or a similar organization in another state. The
Association shall have a priority over general creditors of the
insolvent insurer against the assets of the insolvent insurer equal
to the amount of covered claims paid by the Association pursuant to
the Oklahoma Property and Casualty Insurance Guaranty Association
Act. No other priority under the provisions of this section unless
the laws of such other state grant a similar priority to the
Association, in which case such other association or similar
organization of another state shall have a priority against the
assets of the insolvent insurer equal to that given to the
Association by such other state.
D. The Association shall periodically file with the receiver or
liquidator of the insolvent insurer statements of the covered claims
paid by the Association and estimates of anticipated claims on the
Association which shall preserve the rights of the Association
against the assets of the insolvent insurer.
Oklahoma Statutes - Title 36. Insurance Page 584
A. Any person recovering under the Oklahoma Property and
Casualty Insurance Guaranty Association Act shall be deemed to have
assigned the rights of the person under the policy to the Oklahoma
Property and Casualty Insurance Guaranty Association to the extent
of the recovery of the person from the Association. Every insurer
or claimant seeking the protection of this act shall cooperate with
the Association to the same extent as the person would have been
required to cooperate with the insolvent insurer. In the case of an
insolvent insurer operating on a plan with assessment liability,
payment of covered claims by the Association shall not operate to
reduce the liability of insureds to the receiver, liquidator or
statutory successor for unpaid assessments.
B. The Association shall have the right to recover from any
person who is an affiliate of the insolvent insurer all amounts paid
by the Association on behalf of that person pursuant to the
provisions of the Oklahoma Property and Casualty Insurance Guaranty
Association Act, whether for indemnity, defense or otherwise.
C. The receiver, liquidator or statutory successor of an
insolvent insurer shall be bound by settlements of covered claims by
the Association or a similar organization in another state. The
Association shall have a priority over general creditors of the
insolvent insurer against the assets of the insolvent insurer equal
to the amount of covered claims paid by the Association pursuant to
the Oklahoma Property and Casualty Insurance Guaranty Association
Act. No other priority under the provisions of this section unless
the laws of such other state grant a similar priority to the
Association, in which case such other association or similar
organization of another state shall have a priority against the
assets of the insolvent insurer equal to that given to the
Association by such other state.
D. The Association shall periodically file with the receiver or
liquidator of the insolvent insurer statements of the covered claims
paid by the Association and estimates of anticipated claims on the
Association which shall preserve the rights of the Association
against the assets of the insolvent insurer.
Oklahoma Statutes - Title 36. Insurance Page 584
Status: in_force · Read it on the official government site
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