Texas Statutes (Last Updated: January 4, 2014) |
INSURANCE CODE |
Title 4. REGULATION OF SOLVENCY |
Subtitle D. GUARANTY ASSOCIATIONS |
Chapter 462. TEXAS PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION |
Subchapter F. NONDUPLICATION OF RECOVERY |
Sec. 462.251. EXHAUSTION OF RIGHTS UNDER OTHER POLICY REQUIRED
Latest version.
-
(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 , Sec. 1, eff. April 1, 2007.