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RCW 48.32.100

Nonduplication of recovery.

Known as the Washington Insurance Guaranty Association Act

The act spans §§ 48–48 (21 sections).

Applied in 13 court decisions — leading case 90 Wash. 2d 118 - Prutzman v. Armstrong (1978)

Most recently applied in Connecticut Insurance Guaranty Ass'n v. State (May 2006)

2005 c 100 s 7; 1987 c 185 s 30; 1971 ex.s. c 265 s 10.

How often courts cite this section

1978198019902000200620
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 his or her insurer under any provision in his or her insurance policy which is also a covered claim shall be required to exhaust first any right under that policy. Any amount payable on a covered claim under this chapter shall be reduced by the amount of a recovery under the claimant's insurance policy.

(2) 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 place of residence of the insured except that if it is a first party claim for damage to property with a permanent location, from the association of the location of the property, and if it is a workers' compensation claim or a longshore and harbor workers' compensation act claim, from the association of the permanent residence of the claimant. Any recovery under this chapter shall be reduced by the amount of the recovery from any other insurance guaranty association or its equivalent.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.