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§ 9-310. Recovery of claims from insurance guaranty corporation or equivalent

West's Annotated Code of MarylandInsurance

West's Annotated Code of Maryland
Insurance (Refs & Annos)
Title 9. Impaired Entities
Subtitle 3. Property and Casualty Insurance Guaranty Corporation (Refs & Annos)
MD Code, Insurance, § 9-310
§ 9-310. Recovery of claims from insurance guaranty corporation or equivalent
Currentness
Exhaustion of rights under policy or surety bond
(a)(1) A person with a claim against an insurer under a policy or surety bond that is also a covered claim against an insolvent insurer shall exhaust first the person's rights under the policy or surety bond.
(2) The amount payable on a covered claim under this subtitle shall be reduced by the amount of any recovery under the policy or surety bond.
Claims that may be recovered from multiple insurance guaranty corporations
(b)(1) Except as provided in paragraph (2) of this subsection, a person with a claim that may be recovered under more than one insurance guaranty corporation or its equivalent shall seek recovery first:
(i) if the claim is a first party claim for damage to property with a permanent location, from the corporation or its equivalent of the location of the property; and
(ii) if the claim is any other claim, from the corporation or its equivalent of the residence of the insured.
(2) A person with a claim under a surety bond that may be recovered under more than one insurance guaranty corporation or its equivalent shall seek recovery first from the corporation or its equivalent of the place of performance of the obligation described in the surety bond.
Recovery reduced by amount of recovery from other insurance guaranty corporations
(c) A recovery under this subtitle shall be reduced by the amount of recovery from any other insurance guaranty corporation or its equivalent.

Credits

Added by Acts 1996, c. 11, § 1, eff. Oct. 1, 1997.
Formerly Art. 48A, § 512.
MD Code, Insurance, § 9-310, MD INSURANCE § 9-310
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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