A. Any person recovering pursuant to this article shall be deemed to have assigned his or her rights under the policy to the fund to the extent of his or her recovery from the fund. Every insured or claimant seeking the protection of this article shall cooperate with the fund to the same extent as such person would have been required to cooperate with the insolvent insurer. The fund shall have no cause of action against the insured of the insolvent insurer for any sums it has paid.
B. The receiver, conservator, liquidator or statutory successor of an insolvent insurer shall be bound by settlement of covered claims by the fund or similar organization in another state.
C. The board shall periodically file with the receiver, conservator, liquidator or statutory successor of the insolvent insurer statements of the covered claims paid by the fund and estimates of anticipated claims on the fund which shall preserve the rights of the fund against the assets of the insolvent insurer.
Notes of Decisions
State v. Arizona Prop. & Cas. Ins. Guar. Fund, 966 P.2d 557 (Ariz. Ct. App. 1998).
· cites it 2× “A.R.S. § 20-672(A) (emphasis added). Any person having a claim which may be recovered under more than one insurance guaranty fund or its equivalent or who is insured under more than one policy, shall seek recovery first from the fund of the place of residence of the insured or,…”
Greene v. United States (Fed. Cir. 2006).
“It therefore held in favor of Greene, whom it deemed to be entitled to a refund of taxes paid to the 1 The CFC also cited Ariz. Rev. Stat. Ann. § 20-672 , which characterizes guaranty funds as essentially being subrogated to the rights of policyholder claimants.”
Clark Equip. v. Prop. & Cas. Ins. Guar., 943 P.2d 793 (Ariz. Ct. App. 1997).
· cites it 2× “The insured shall not voluntarily make any payment, assume any obligation or incur any expense except at his own cost.”
State v. Az. Prop. & Cas. Ins., 966 P.2d 557 (Ariz. Ct. App. 1998).
· cites it 2× “A.R.S. § 20-672(A) (emphasis added). Any person having a claim which may be recovered under more than one insurance guaranty fund or its equivalent or who is insured under more than one policy, shall seek recovery first from the fund of the place of residence of the insured or,…”
— Ariz. Rev. Stat. § 20-672(A) — 5 cases
State v. Arizona Prop. & Cas. Ins. Guar. Fund, 966 P.2d 557 (Ariz. Ct. App. 1998).
“A.R.S. § 20-672(A) (emphasis added). Any person having a claim which may be recovered under more than one insurance guaranty fund or its equivalent or who is insured under more than one policy, shall seek recovery first from the fund of the place of residence of the insured or,…”
Clark Equip. v. Prop. & Cas. Ins. Guar., 943 P.2d 793 (Ariz. Ct. App. 1997).
“The insured shall not voluntarily make any payment, assume any obligation or incur any expense except at his own cost.”
State v. Az. Prop. & Cas. Ins., 966 P.2d 557 (Ariz. Ct. App. 1998).
“A.R.S. § 20-672(A) (emphasis added). Any person having a claim which may be recovered under more than one insurance guaranty fund or its equivalent or who is insured under more than one policy, shall seek recovery first from the fund of the place of residence of the insured or,…”
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