Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 462.251 - Exhaustion of Rights Under Other Policy Required(a) Any person who has a claim under an insurance policy, other than an impaired insurer's policy, and whose claim arises from the same facts, injury, or loss giving rise to a claim against an impaired insurer or the insurer's insured, must first exhaust the person's rights under the insurance policy, including: (1) a claim for benefits under a workers' compensation insurance policy or a claim for indemnity or medical benefits under a health, disability, uninsured motorist, personal injury protection, medical payment, liability, or other insurance policy; and(2) the right to defense under the insurance policy.(b) Subsection (a) applies without regard to whether the insurance policy is issued by a member insurer.Added by Acts 2005, 79th Leg., Ch. 727, Sec. 1, eff. 4/1/2007.