                                 CODE OF VIRGINIA

EXHAUSTION OF REMEDIES UNDER POLICY; CLAIMS RECOVERABLE FROM MORE THAN ONE
ASSOCIATION (§ 38.2-1610)

A. Any person having a claim against an insurer under any provision in an
insurance policy, other than a policy of an insolvent insurer under which the
claim is also covered, shall be required to first seek recovery under the policy
covered by the insurer which is not insolvent. Any amount payable on a covered
claim under this chapter shall be reduced by the amount of any recovery under
the insurance policy.

A1. Any person having a claim or legal right of recovery under any governmental
insurance or guaranty program which is also a covered claim, shall be required
to exhaust first his right under such program. Any amount payable on a covered
claim under this chapter shall be reduced by the amount of any recovery under
such program.

B. Any person having a claim that may be recovered under more than one insurance
guaranty association or its equivalent shall seek recovery first from the
association of the state where the insured resides. However, if it is a first
party claim for damage to property with a permanent location, the insured shall
seek recovery first from the association of the state where the property is
located. For a workers&#8217; compensation claim recovery shall first be sought
from the association of the state where the claimant resides. Any recovery under
this chapter shall be reduced by the amount of the recovery from any other
insurance guaranty association or its equivalent.

HISTORY: 1970, c. 766, § 38.1-767; 1986, c. 562; 1987, c. 529.