Sec. 462.252. REDUCTION IN AMOUNT OF COVERED CLAIM FOR OTHER POLICY. (a) Except as provided by Subsection (b), an amount payable as a covered claim under this chapter is reduced by the full applicable limits of another insurance policy described by Section 462.251, and the association shall receive a full credit in the amount of the full applicable limits of the other policy.
(b) A covered claim for workers' compensation benefits is subject to reduction only by a third-party liability recovery under Section 417.002, Labor Code.
(c) Subject to Section 462.255, the maximum amount payable by the association is the damages incurred by the claimant, less the association's credit or offset under this section, except that the association's liability may not exceed the lesser of:
(1) $300,000; or
(2) the limits of the insurance policy under which the claim is made.
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