Recovery Under Chapter of Covered Claims Recoverable Under Insolvency Funds of Other States

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  2. Georgia Code
  3. Insurance
  4. Georgia Insurers Insolvency Pool
  5. Recovery Under Chapter of Covered Claims Recoverable Under Insolvency Funds of Other States

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  1. It is not the purpose of this chapter to provide or permit duplicate recoveries of covered claims under this chapter and an insolvency fund or its equivalent of any other state. In the construction and application of this chapter with respect to a covered claim which may be recoverable under this chapter and under an insolvency fund or its equivalent in another state, the sole recovery: (1) with respect to a workers' compensation claim, shall be under the insolvency fund or its equivalent of the state of residence of the claimant; (2) with respect to a first-party claim of an insured for damage to or destruction of property with a permanent location, shall be under the insolvency fund or its equivalent of the state where the property is permanently situated; and (3) with respect to any other covered claim, shall be under the insolvency fund or its equivalent of the state of residence of the insured.
  2. Any recovery obtained from the pool pursuant to this chapter shall be reduced by those amounts recovered in any other state from a similar or equivalent insolvency fund in such state when the recovery was obtained by the same claimant for the same claim filed against the pool in this state.

(Ga. L. 1970, p. 700, § 16; Ga. L. 1989, p. 74, § 6.)


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