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Miss. Code Ann. § 83-23-123

Nonduplication of recovery

Applied in 10 court decisions — leading case Mississippi Insurance Guaranty Ass'n v. Ms Casualty Insurance Co. (2006)

Most recently applied in Louisiana Extended Care Centers, Inc. v. Mississippi Insurance Guaranty Ass'n (February 2012)

Codes, 1942, § 5814-62; Laws, 1970, ch. 446, § 12, eff from and after passage (approved April 6, 1970

How often courts cite this section

20062010201220
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Any person having a claim against an insurer under any provision in an insurance policy other than a policy of an insolvent insurer, which is also a covered claim, shall be required to exhaust first his right under such policy. Any amount payable on a covered claim under this article shall be reduced by the amount of any recovery under such insurance policy.

(2) Any person having a claim which may be recovered under more than one (1) insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that if it is a first party claim for damage to property with a permanent location, he shall seek recovery first from the association of the location of the property, and if it is a workmen’s compensation claim, he shall seek recovery first from the association of the residence of the claimant. Any recovery under this article shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.