Title 33, Chapter 36, Section 10
( 33-36-10)
(a) It is not the purpose of this chapter to provide or permit
duplicate recoveries of covered claims under this chapter and an
insolvency fund or its equivalent of any other state. In the
construction and application of this chapter with respect to a
covered claim which may be recoverable under this chapter and under
an insolvency fund or its equivalent in another state, the sole
recovery: (1) with respect to a workers' compensation claim, shall
be under the insolvency fund or its equivalent of the state of
residence of the claimant; (2) with respect to a first-party claim
of an insured for damage to or destruction of property with a
permanent location, shall be under the insolvency fund or its
equivalent of the state where the property is permanently situated;
and (3) with respect to any other covered claim, shall be under the
insolvency fund or its equivalent of the state of residence of the
insured. (b) Any recovery obtained from the pool pursuant to this chapter
shall be reduced by those amounts recovered in any other state from
a similar or equivalent insolvency fund in such state when the
recovery was obtained by the same claimant for the same claim filed
against the pool in this state. |