{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-2012","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-2012","heading":"Exhaustion of rights under other policies, governmental","body":"program or associations.\n\nA. 1. Any person having a claim against an insurer shall be\n\nrequired to first exhaust all coverage provided by another policy if\n\nit arises from the same facts, injury or loss that gave rise to the\n\ncovered claim against the Oklahoma Property and Casualty Insurance\n\nGuaranty Association. The requirement to exhaust all coverage shall\n\napply without regard to whether the other insurance policy is a\n\npolicy written by a member insurer. However, no person shall be\n\nrequired to exhaust any right under the policy of an insolvent\n\ninsurer or any right under a life insurance policy.\n\n2. Any amount payable on a covered claim under the Oklahoma\n\nProperty and Casualty Insurance Guaranty Association Act shall be\n\nreduced by the full applicable limits stated in the insurance policy\n\nor by the amount of the recovery under the insurance policy as\n\nprovided herein. The Association shall receive a full credit for\n\nthe stated limits, unless the claimant demonstrates that the\n\nclaimant used reasonable efforts to exhaust all coverage and limits\n\napplicable under the other insurance policy. If the claimant\n\ndemonstrates that the claimant used reasonable efforts to exhaust\n\nall coverage and limits applicable under the insurance policy, or if\n\nthere are no applicable stated limits under the policy, the\n\nAssociation shall receive a full credit for the total recovery.\n\nB. Any person having a claim which may be recovered under more\n\nthan one insurance guaranty association or its equivalent in another\n\nstate shall seek recovery first from the association of the place of\n\nresidence of the insured. If it is a first party claim for damage\n\nto property with a permanent location, the person shall seek\n\nrecovery first from the association of the state where the property\n\nis located, and if it is a workers' compensation claim, the person\n\nshall seek recovery first from the association of the residence of\n\nthe claimant. Any recovery under this act shall be reduced by the\n\namount of recovery from any other insurance guaranty association or\n\nits equivalent.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"cd385d5fa854dd3f2ecc677869b5d66278b6cbc481a74a8ba349b0d84a2d8b2f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-2011","next":"us-ok/okla.-stat.-tit.-36-36-2014"},"notice":"GroundRules: Original legal text. Not legal advice."}