44-2411. Exhaustion of remedies.

(1) Any person having a claim against his or her own insurer under any provisions of his or her own insurance policy, which claim is also a covered claim against an insolvent member insurer under the Nebraska Property and Liability Insurance Guaranty Association Act, shall be required to exhaust all of his or her rights under his or her own policy before the association is obligated to pay the covered claim under such act. Any amount payable on a covered claim by the provisions of such act shall be reduced by the amount of such recovery under the claimant's own insurance policy.

(2) Any person having a claim which 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, from the association of the residence of the claimant. Any recovery pursuant to the Nebraska Property and Liability Insurance Guaranty Association Act shall be reduced by the amount of the recovery from any other insurance guaranty association or its equivalent.

Source:Laws 1971, LB 722, § 11; Laws 1986, LB 811, § 24.