Maine Code § 24-A-4443

Nonduplication of recovery
Open in Lexace · Ask the AI about this section
1. Insurance policy. Any person having a claim against an insurer under any provision in an
insurance policy, other than that of an insolvent insurer, which is also a covered claim, shall be required
to exhaust first the person's right under the policy. Any amount otherwise payable on a covered claim
under this subchapter shall be reduced by the amount of any recovery under the insurance policy.
[PL 1987, c. 707, §10 (NEW).]
2. Governmental insurance. Any person having a claim or legal right of recovery under any
governmental insurance, which is also a covered claim, shall be required to exhaust first that person's
right under that insurance. Any amount payable on a covered claim under this subchapter shall be
reduced by the amount of any recovery under that insurance.
[PL 1987, c. 707, §10 (NEW).]
3. Insurance guaranty association. Any person having a claim which may be recovered from
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, that person shall seek recovery first from the association of the
location of the property, and, if it is a workers' compensation claim, that person shall seek recovery first
from the association of the residence of the claimant. Any recovery under this subchapter shall be
reduced by the amount of recovery from any other insurance guaranty association or its equivalent.
[PL 1987, c. 707, §10 (NEW).]

‹ Prev All Maine sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.