# Conn. Gen. Stat. § 38a-845: Sec. 38a-845. (Formerly Sec. 38-282). Exhaustion of rights under policy prior to claim against association. Claims recoverable from more than one association. Persons required to exhaust rights under governmental insurance or guaranty program

> Connecticut · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_CT_T38a_C704a_S38a-845

## Section

- **Citation:** Conn. Gen. Stat. § 38a-845
- **Heading:** Sec. 38a-845. (Formerly Sec. 38-282). Exhaustion of rights under policy prior to claim against association. Claims recoverable from more than one association. Persons required to exhaust rights under governmental insurance or guaranty program
- **Jurisdiction:** Connecticut
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Connecticut Code / Title 38a / Chapter 704a / Section 38a-845

## Text

(b) Any person having a claim which may be recovered under more than one insurance guaranty association or its equivalent having a like function to that of said association shall seek recovery first from the association operating in the area of the residence of the insured except that (1) if it is a first party claim for damage to property with a permanent location, such person shall seek recovery first from the association operating in the location of the property, and (2) if it is a workers' compensation claim, such person shall seek recovery first from the association operating in the area of residence of the claimant. Any recovery under sections 38a-836 to 38a-853 , inclusive, shall be reduced by the amount recoverable from any other insurance guaranty association or its equivalent having a like function to that of said association.

(c) Any person having a claim under any governmental insurance or guaranty program which such claim is also a covered claim shall be required to first exhaust his rights under such program. Any amount payable on a covered claim under sections 38a-836 to 38a-853 , inclusive, shall be reduced by any amount recoverable under such program.

Annotation to former section 38-282:

Cited. 215 C. 224.

Annotations to present section:

Cited. 217 C. 371. Section inapplicable where plaintiff does not have claim against an insurer under an insurance policy. 247 C. 442. Association payment to plaintiff who was injured when her motor vehicle was struck by municipally owned police cruiser did not relieve plaintiff's automobile insurance company of obligation for purposes of statutory limitation on association payments for the benefit of a solvent insurer, nor did that payment violate requirement of section re exhaustion of solvent carrier policies; statutory sections do not have effect of automatically shifting liability from association to the nearest solvent insurer when liability does not rest there already. 278 C. 794. Exhaustion provisions of Subsec. (a) do not preclude liability of association under Sec. 31-299b based on facts of case. 302 C. 219.

Subsec. (a):

Claimant satisfies exhaustion requirement of Subsec. by pursuing coverage under her own uninsured motorist policy prior to attempting to collect; claimant's failure to obtain the full policy limits from her own coverage does not preclude claimant from collecting from guaranty fund or tortfeasor personally, but any recovery is reduced by full amount of those policy limits. 275 C. 290.

## Nearby sections

- [Conn. Gen. Stat. § 38a-837 Sec. 38a-837. (Formerly Sec. 38-274). Application of chapter.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T38a_C704a_S38a-837.md)
- [Conn. Gen. Stat. § 38a-838 Sec. 38a-838. (Formerly Sec. 38-275). Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T38a_C704a_S38a-838.md)
- [Conn. Gen. Stat. § 38a-839 Sec. 38a-839. (Formerly Sec. 38-276). Connecticut Insurance Guaranty Association created. Membership. Function. Accounts.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T38a_C704a_S38a-839.md)
- [Conn. Gen. Stat. § 38a-840 Sec. 38a-840. (Formerly Sec. 38-277). Board of directors. Selection. Reimbursement for expenses.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T38a_C704a_S38a-840.md)
- [Conn. Gen. Stat. § 38a-841 Sec. 38a-841. (Formerly Sec. 38-278). Obligations and rights of association. Limitations. Assessments. Investigation of claims. Right to intervene in court proceedings.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T38a_C704a_S38a-841.md)
- [Conn. Gen. Stat. § 38a-842 Sec. 38a-842. (Formerly Sec. 38-279). Plan of operation.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T38a_C704a_S38a-842.md)
- [Conn. Gen. Stat. § 38a-843 Sec. 38a-843. (Formerly Sec. 38-280). Insolvent insurers. Penalty. Petition to show cause.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T38a_C704a_S38a-843.md)
- [Conn. Gen. Stat. § 38a-844 Sec. 38a-844. (Formerly Sec. 38-281). Assignment of rights under policy. Receiver or liquidator bound by settlements. Preservation of rights of association. Right of recovery.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T38a_C704a_S38a-844.md)
- [Conn. Gen. Stat. § 38a-845 Sec. 38a-845. (Formerly Sec. 38-282). Exhaustion of rights under policy prior to claim against association. Claims recoverable from more than one association. Persons required to exhaust rights under governmental insurance or guaranty program.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T38a_C704a_S38a-845.md)
- [Conn. Gen. Stat. § 38a-846 Sec. 38a-846. (Formerly Sec. 38-283). Detection and prevention of insurer insolvencies.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T38a_C704a_S38a-846.md)
- [Conn. Gen. Stat. § 38a-850 Sec. 38a-850. (Formerly Sec. 38-287). No liability for action taken in performance of powers and duties. No liability for failure to act.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T38a_C704a_S38a-850.md)
- [Conn. Gen. Stat. § 38a-851 Sec. 38a-851. (Formerly Sec. 38-288). Association rights in proceedings to which insolvent insurer is party. Access to insolvent insurer's records.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T38a_C704a_S38a-851.md)
- [Conn. Gen. Stat. § 38a-860 Sec. 38a-860. (Formerly Sec. 38-303). Application of chapter. Obligations of association.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T38a_C704a_S38a-860.md)
- [Conn. Gen. Stat. § 38a-862 Sec. 38a-862. (Formerly Sec. 38-305). Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T38a_C704a_S38a-862.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CT_T38a_C704a_S38a-845. Check the current official text before relying on it. Not legal advice.
