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Texas Statutes (Last Updated: January 4, 2014) |
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INSURANCE CODE |
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Title 4. REGULATION OF SOLVENCY |
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Subtitle D. GUARANTY ASSOCIATIONS |
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Chapter 462. TEXAS PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION |
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Subchapter F. NONDUPLICATION OF RECOVERY |
Sec. 462.254. RECOVERY FROM MORE THAN ONE GUARANTY ASSOCIATION
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(a) Except as provided by Subsections (b) and (c), a person who has a claim that may be recovered from more than one insurance guaranty association or the equivalent shall seek recovery first from the association of the insured's residence.
(b) A claimant shall seek recovery of a first-party claim for damage to property with a permanent location first from the association of the location of the property.
(c) A claimant shall seek recovery of a workers' compensation claim first from the association of the claimant's residence.
(d) The association has a credit or offset against the benefits under this chapter in the amount of the claimant's recovery under this section.
(e) Subject to Section 462.255, the maximum amount payable by the association is the amount of damages incurred by the claimant, less the credit or offset, except that the association's liability may not exceed $300,000.