Indiana § 27-6-8-11 - Nonduplication of recovery

§ 27-6-8-11. Nonduplication of recovery

Sec. 11. (a) For purposes of this section, "coverage provided by any other insurance policy" includes:

(1) coverage under an insured health plan, a health maintenance organization, a hospital plan corporation, a professional health service corporation, or a disability insurance policy; and

(2) any amount payable by or on behalf of a self-insurer.

However, the term does not include coverage under a life insurance policy.

(b) Any person having a claim against an insurer shall, in accordance with subsection (c), be required first to exhaust all coverage provided by any other insurance policy, including the right to a defense under the other insurance policy, if the claim under the other insurance policy arises from the same facts, injury, or loss that gave rise to the covered claim against the association under this chapter.

(c) The requirement to exhaust coverage provided by any other insurance policy under subsection (b):

(1) applies regardless of whether the other insurance policy is written by a member insurer; and

(2) does not apply to a right under a:

(A) policy written by an insolvent insurer; or

(B) life insurance policy.

(d) Any person having a claim which may be recovered under more than one (1) 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, the person shall seek recovery first from the association of the location of the property, and if it is a worker's compensation claim, the person shall seek recovery first from the association of the residence of the claimant. Any recovery under this chapter shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.

Formerly: Acts 1971, P.L.390, SEC.1. As amended by P.L.28-1988, SEC.84; P.L.52-2013, SEC.7.