In the event of multiple valid pending claims against a licensee
or certificate holder in excess of the limitations in §1101.610
of the Act, the claims shall be prorated as follows:
(1) Actual damages shall be allocated first. If the
total of the eligible actual damages of all claims exceeds the maximum
that may be paid from the Recovery Trust Account, the actual damages
shall be prorated, and no interest, attorney fees, or court costs
shall be paid.
(2) If, after allocating the actual damages as provided
by paragraph (1) of this section, the limitations in §1101.610
of the Act are not reached, interest on actual damages (pre-judgment
and post-judgment) shall be allocated second. If the total of the
interest on eligible actual damages of all claims exceeds the amount
remaining to be paid from the Recovery Trust Account, the interest
on eligible actual damages shall be prorated, and no other interest,
attorney fees, or court costs shall be paid.
(3) If, after allocating the actual damages and interest
thereon as provided by paragraphs (1) and (2) of this section, the
limitations in §1101.610 of the Act are not reached, other interest,
attorney fees, and court costs shall be allocated third. If the total
of the other interest, attorney fees, and court costs of all claims
exceeds the amount remaining to be paid from the Recovery Trust Account,
the other interest, attorney fees, and court costs shall be prorated.
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