2009 Kentucky Revised Statutes Subtitle 36. Kentucky Insurance Guaranty Association 304.36.085 Stay of proceedings involving insolvent insurer -- Defense by association -- Association permitted to apply to vacate judgment based on default of insolvent insurer.
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304.36-085 Stay of proceedings involving insolvent insurer -- Defense by
association -- Association permitted to apply to vacate judgment based on <br>default of insolvent insurer.
All proceedings in which the insolvent insurer is a party or is obligated to defend a party <br>in any court in this state shall, subject to waiver by the association in specific cases <br>involving covered claims, be stayed for six (6) months and any additional time that may <br>be determined by the court from the date that the insolvency is determined or an ancillary <br>proceeding is instituted in the state, whichever is later, to permit proper defense by the <br>association of all pending causes of action. As to covered claims arising from a judgment <br>under decision, verdict, or finding based on the default of the insolvent insurer or its <br>failure to defend an insured, the association, either on its own behalf or on behalf of an <br>insured, may apply to have the judgment, order, decision, verdict, or finding vacated or <br>set aside and shall be permitted to defend the claim on its merits.
Effective: July 15, 1998 <br>History: Created 1998 Ky. Acts ch. 99, sec. 9, effective July 15, 1998.
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