West Virginia Code § 33-26-12

Exhaustion of other coverage; deductible reimbursement
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(a) Any person having a claim under an insurance policy, whether or not it is a policy issued
by a member insurer, and the claim under such other policy arises from the same facts,
injury, or loss that gave rise to the covered claim against the association, shall first exhaust
all coverage provided by any such policy. Any amount payable on a covered claim under this
article shall be reduced by the full applicable limits stated in such other insuerance policy and
the association shall receive a full credit for such stated limits or, where there are no
applicable stated limits, the claim shall be reduced by the total recoverry. Notwithstanding
the foregoing, no person may be required to exhaust any right under the policy of an
insolvent insurer.
(1) A claim under a policy providing liability coverage to a petrson who may be jointly and
severally liable with or a joint tortfeasor with the person covered under the policy of the
insolvent insurer that gives rise to the covered claim is considered to be a claim arising from
the same facts, injury or loss that gave rise to the covered claim against the association.
(2) A claim under an insurance policy shall alsso include, for purposes of this section:
(A) A claim against a health maintenance oirganization, a hospital plan corporation or a
professional health service corporatgion; and
(B) Any amount payable by or on behalf of a self-insurer.
(3) To the extent that the association's obligation is reduced by the application of this
section, the liability of the person insured by the insolvent insurer's policy for the claim shall
be reduced in the same amount.
(b) Any personV having a claim which may be recovered under 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, he or she shall seek recovery first from the association of the
location of the property, and if it is a workers' compensation claim, the person shall seek
recovery first from the association of the residence of the claimant. Any recovery under this
article shall be reduced by the amount of the recovery from any other insurance guaranty
association or its equivalent.
(c) To the extent the association pays any deductible claim for which the insurer would have
been entitled to reimbursement from the insured, the association is entitled to the full
amount of the reimbursement and available collateral as provided under this subsection to
the extent necessary to reimburse the association. Reimbursements paid to the association
pursuant to this subsection may not be treated as distributions or as early access payments.
To the extent that the association pays a deductible claim that is not reimbursed either from
collateral or by insured payments, or incurred expenses in connection with large deductible
policies that are not reimbursed under this subsection, the association has an exclusive
cause of action against the insured, including the right to enforce against the insured the
rights of the insurer with respect to any obligation of the insured to reimburse the insurer
for deductibles or pay claims within a deductible. Further, the fund is vested with a first lien
in any collateral provided by the insured to the insolvent insurer to secure the insured's
performance, to the extent of claims paid by the association, which lien can be perfected by
notice to the liquidator. Nothing in this subsection limits any rights of the association that
may otherwise exist under applicable law to obtain reimbursement from inseureds for claims
payments made by the association under policies of the insurer or for the association's
related expenses. r

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