2014 Kentucky Revised Statutes CHAPTER 299 - ASSESSMENT OR COOPERATIVE INSURANCE 299.310 Organization of assessment or cooperative company to write certain insurance other than life -- Membership -- Preliminary bond.
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299.310 Organization of assessment or cooperative company to write certain
insurance other than life -- Membership -- Preliminary bond.
(1)
(2)
(3)
(4)
Twenty-five (25) or more persons residing in any one or more adjoining
municipalities, or in any county, or in not more than ten (10) adjoining counties,
who collectively own property of the value of fifty thousand dollars ($50,000) or
more, may organize a company for the purpose of cooperative or assessment
insurance against:
(a) Loss of or damage to real or personal property of every kind and interest
therein, from any or all hazards or causes, and against loss consequential
upon such loss or damage; and
(b) Legal liability for the death, injury, or disability of any human being, or for
damage to property; and medical, hospital, surgical, and funeral expenses
of persons injured, irrespective of legal liability of the insured, when
issued as an incidental coverage with or supplemental to liability
insurance.
Such persons shall make and acknowledge a certificate setting forth their
intention to form such a company, the counties or municipalities in which it
intends to do business, its corporate name, and the place where its principal
office is to be located. Every person insured in such a company who signs an
application for insurance as required by the certificate of incorporation or by the
bylaws of the company shall thereby become a member. Provided, however,
that no such company shall insure against any of the hazards set forth in
paragraph (b) of this subsection unless it has a net surplus of two million
dollars ($2,000,000) or more or is fully reinsured as to all such hazards by a
contract or contracts filed with and approved by the commissioner.
No money shall be collected by any person on behalf of the company until two
(2) of the members or organizers have given joint bond to the commissioner in
the sum of ten thousand dollars ($10,000), conditioned that all money so
collected will be used as directed by law, and that the affairs of the company
will be conducted according to law. The bond shall be held by the
commissioner for the benefit of the members of the company until the company
has become legally incorporated and its affairs have been examined by an
expert accountant, appointed by the commissioner, and found to be in due and
regular form, and immediately thereafter the bond shall be canceled.
No company shall be formed under KRS 299.310 to 299.470 for the purpose of
transacting any business of insurance other than as prescribed in those
sections, and no company shall insure against any loss other than the ones
permitted by those sections. Any company operating under the provisions of
KRS 299.310 to 299.470 as of June 1, 1960, shall be authorized to write all
types of insurance allowed under subsection (1) of this section without
amendment of its charter or articles of incorporation.
Insurers organized under the provisions of this section are subject to the
provisions of subtitle 36 of KRS Chapter 304 to the extent applicable and not in
conflict with the expressed provisions of this chapter.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 892, effective July 15, 2010. -Amended 1982 Ky. Acts ch. 209, sec. 2, effective July 15, 1982. -- Amended
1960 Ky. Acts ch. 75, sec. 2, effective June 16, 1960. -- Amended 1944 Ky. Acts
ch. 80, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. sec. 702, 717.
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