(1) If the claims for compensation to be paid on the basis of the same occurrence of loss are in excess of the sum insured, the sum insured is disbursed to those entitled to compensation according to the following order of precedence, in the event of equal precedence commensurate with their amounts:
1. claims arising from personal injury, insofar as the injured persons cannot receive compensation for their injuries from the injuring party, from another insurer as their liability insurer, from a social insurance agency, or from another third party;
2. claims arising from other injuries to natural or legal persons under private law, insofar as the injured parties cannot receive compensation from the injuring party, from another insurer as their liability insurer, or from a third party;
3. claims arising from personal injury or other injuries assigned to insurers or other third parties under private law;
4. claims assigned to social insurance agencies;
5. all other claims.
(2) If the sum insured is exhausted taking account of subordinate claims, a rightful claimant who is to be afforded precedence, and who has not been taken into consideration during the allocation, may not subsequently invoke subsection (1) if the insurer did not anticipate, and also need not have anticipated, that this claim would be asserted.