2009 Kentucky Revised Statutes
Subtitle 36. Kentucky Insurance Guaranty Association
304.36.100 Duties and powers of the commissioner.

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304.36-100 Duties and powers of the commissioner. (1) The commissioner shall: (a) Notify the association of the existence of an insolvent insurer not later than three (3) days after he or she receives notice of the determination of the <br>insolvency; and (b) Upon request of the board of directors, provide the association with a statement of the net direct written premiums of each member insurer. (2) The commissioner may: (a) Require that the association notify the insureds of the insolvent insurer and any other interested parties of the determination of insolvency and of their <br>rights under this subtitle. Such notification shall be by mail at their last known <br>address, where available, but if sufficient information for notification by mail <br>is not available, notice by publication in a newspaper of general circulation <br>shall be sufficient; (b) Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an <br>assessment when due or fails to comply with the plan of operation. As an <br>alternative, the commissioner may levy a fine on any member insurer which <br>fails to pay an assessment when due. Such fine shall not exceed five percent <br>(5%) of the unpaid assessment per month, except that no fine shall be less <br>than one hundred dollars (&#36;100) per month; and (c) Revoke the designation of any servicing facility if the commissioner finds claims are being handled unsatisfactorily. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 1468, effective July 15, 2010. -- Created 1972 Ky. Acts ch. 137, sec. 10, effective June 16, 1972.

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