Texas § IN.462.251 - EXHAUSTION OF RIGHTS UNDER OTHER POLICY REQUIRED

§ IN.462.251. EXHAUSTION OF RIGHTS UNDER OTHER POLICY REQUIRED

EXHAUSTION OF RIGHTS UNDER OTHER POLICY REQUIRED. (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 (H.B. 2017 ), Sec. 1, eff. April 1, 2007.