Sec. 462.251. EXHAUSTION OF RIGHTS UNDER OTHER POLICY REQUIRED. (a) Any person who has a claim under an insurance policy, other than an impaired insurer's policy, and whose claim arises from the same facts, injury, or loss giving rise to a claim against an impaired insurer or the insurer's insured, must first exhaust the person's rights under the insurance policy, including:
(1) a claim for benefits under a workers' compensation insurance policy or a claim for indemnity or medical benefits under a health, disability, uninsured motorist, personal injury protection, medical payment, liability, or other insurance policy; and
(2) the right to defense under the insurance policy.
(b) Subsection (a) applies without regard to whether the insurance policy is issued by a member insurer.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.
Structure Texas Statutes
Title 4 - Regulation of Solvency
Subtitle D - Guaranty Associations
Chapter 462 - Texas Property and Casualty Insurance Guaranty Association
Subchapter F. Nonduplication of Recovery
Section 462.251. Exhaustion of Rights Under Other Policy Required
Section 462.252. Reduction in Amount of Covered Claim for Other Policy
Section 462.253. Effect on Insured of Reduction in Amount of Covered Claim
Section 462.254. Recovery From More Than One Guaranty Association
Section 462.255. Certain Claims Subject to Lien or Subrogation; Limit on Total Recovery