3.5.2 Amount of Available Fund Compensation

JurisdictionArizona

The maximum compensation available for the Fund is $99,900 per "covered claim."[266] However, where the face amount of the insolvent carrier's policy limits are less than $99,900, the Fund's obligation will not exceed the lesser limits of the insolvent carrier's policy.[267]

A "covered claim" is one that would be covered by the insolvent carrier's policy.[268] The Fund is "liable, if at all, only to the extent that the insolvent [carrier] would have been under its policy."[269] Therefore, the insolvent carrier's policy must be analyzed to determine whether the Fund will be involved in the claim.[270]

When statutory beneficiaries bring a claim for wrongful death, the...

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