33-10-115. Recovery -- sequence -- nonduplication. (1) Any person having a claim against an insurer under any provision in an insurance policy other than a policy of an insolvent insurer that is also a covered claim must be required to exhaust the person's right under the policy. Any amount payable on a covered claim under this part must be reduced by the amount of any recovery under the insurance policy.
(2) Any person having a claim that 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. Any recovery under this part must be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.
History: En. Sec. 12, Ch. 63, L. 1971; R.C.M. 1947, 40-5712; amd. Sec. 1179, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 33. Insurance and Insurance Companies
Chapter 10. Insurance Guaranty Associations
Part 1. Casualty and Property Insurance Guaranty Associations
33-10-101. Short title, purpose, scope, and construction
33-10-103. Creation of the association
33-10-104. Board of directors -- commissioner approval -- compensation
33-10-105. General powers and duties
33-10-106. Plan of operation -- delegation to other organization
33-10-108. Prevention of insolvencies -- directors' and commissioner's action
33-10-109. Notice of insolvencies -- suspension -- other powers and duties of commissioner
33-10-111. Stay of proceedings -- reopening of default judgments
33-10-112. Examination of association
33-10-114. Claims -- effect as to insured and receiver