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Ohio Rev. Code Ann. § 3955.13

Exhausting rights under other policy

Applied in 1 court decision — leading case 361 Ill. App. 3d 166 - Klaiber v. Dytec Central, Inc. (2005)

Most recently applied in 361 Ill. App. 3d 166 - Klaiber v. Dytec Central, Inc. (September 2005)

Effective: June 24, 1994; Latest Legislation: House Bill 89 - 120th General Assembly

(A) Any person having a covered claim upon which recovery is also presently possible under an insurance policy written by another insurer shall be required first to exhaust his rights under such other policy. Any amount payable on a covered claim under sections 3955.01 to 3955.19 of the Revised Code shall be reduced by the amount of such recovery.

(B) Any person having a claim which may be recovered against more than one insurance guaranty association or its equivalent shall first seek recovery from the association of the place of residence of the insured, except that a first-party claim for damage to the insured's property with a permanent location shall first be presented to the association of the state of the location of the property. Any recovery under sections 3955.01 to 3955.19 of the Revised Code shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.

Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.