Title 33, Chapter 36, Section 14
( 33-36-14)
(a) Any person, including any individual, partnership, association,
or corporation, having a claim against a policy or an insured under
a policy issued by an insolvent insurer, which claim is a covered
claim and is also a claim within the coverage of any policy issued
by a solvent insurer, shall be required to exhaust first his rights
under such policy issued by the solvent insurer. The policy of the
solvent insurer shall be treated as primary coverage and the policy
of the insolvent insurer shall be treated as secondary coverage and
his rights to recover such claim under this chapter shall be reduced
by any amounts received from the solvent insurers. (b) Any amount paid a claimant in excess of the amount authorized by
this chapter may be recovered by an action brought by or on behalf
of the pool. |