Okla. Stat. tit. 36, § 36-2012
This is the official text of Okla. Stat. tit. 36, § 36-2012, 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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Exhaustion of rights under other policies, governmental
Official statutory text
program or associations.
A. 1. Any person having a claim against an insurer shall be
required to first exhaust all coverage provided by another policy if
it arises from the same facts, injury or loss that gave rise to the
covered claim against the Oklahoma Property and Casualty Insurance
Guaranty Association. The requirement to exhaust all coverage shall
apply without regard to whether the other insurance policy is a
policy written by a member insurer. However, no person shall be
required to exhaust any right under the policy of an insolvent
insurer or any right under a life insurance policy.
2. Any amount payable on a covered claim under the Oklahoma
Property and Casualty Insurance Guaranty Association Act shall be
reduced by the full applicable limits stated in the insurance policy
or by the amount of the recovery under the insurance policy as
provided herein. The Association shall receive a full credit for
the stated limits, unless the claimant demonstrates that the
claimant used reasonable efforts to exhaust all coverage and limits
applicable under the other insurance policy. If the claimant
demonstrates that the claimant used reasonable efforts to exhaust
all coverage and limits applicable under the insurance policy, or if
there are no applicable stated limits under the policy, the
Association shall receive a full credit for the total recovery.
B. Any person having a claim which may be recovered under more
than one insurance guaranty association or its equivalent in another
state shall seek recovery first from the association of the place of
residence of the insured. 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 state where the property
is located, and if it is a workers' compensation claim, the person
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.
A. 1. Any person having a claim against an insurer shall be
required to first exhaust all coverage provided by another policy if
it arises from the same facts, injury or loss that gave rise to the
covered claim against the Oklahoma Property and Casualty Insurance
Guaranty Association. The requirement to exhaust all coverage shall
apply without regard to whether the other insurance policy is a
policy written by a member insurer. However, no person shall be
required to exhaust any right under the policy of an insolvent
insurer or any right under a life insurance policy.
2. Any amount payable on a covered claim under the Oklahoma
Property and Casualty Insurance Guaranty Association Act shall be
reduced by the full applicable limits stated in the insurance policy
or by the amount of the recovery under the insurance policy as
provided herein. The Association shall receive a full credit for
the stated limits, unless the claimant demonstrates that the
claimant used reasonable efforts to exhaust all coverage and limits
applicable under the other insurance policy. If the claimant
demonstrates that the claimant used reasonable efforts to exhaust
all coverage and limits applicable under the insurance policy, or if
there are no applicable stated limits under the policy, the
Association shall receive a full credit for the total recovery.
B. Any person having a claim which may be recovered under more
than one insurance guaranty association or its equivalent in another
state shall seek recovery first from the association of the place of
residence of the insured. 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 state where the property
is located, and if it is a workers' compensation claim, the person
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.
Status: in_force · Read it on the official government site
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