Payment of Liabilities of Members of Fund; Primary Coverage

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Sec. 13. (a) The commission shall pay liabilities of members of the fund in accordance with rules established by the commission.

(b) Payment from the fund for any liability covered under IC 34-13-3 (or IC 34-4-16.5 before its repeal) or for any other liability designated under rules adopted by the commission is primary coverage in relation to the following:

(1) Any insurance policy issued to a member of the fund that, by its terms, provides coverage secondary to coverage provided through membership in the fund.

(2) A fund member's own program of self insurance.

Payment of a liability identified in this subsection must be made within the limits set forth in section 14(b) of this chapter and irrespective of the existence of an insurance policy described in subdivision (1) or of a self insurance program described in subdivision (2).

As added by P.L.162-1986, SEC.1. Amended by P.L.1-1998, SEC.144.


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