2015 Kentucky Revised Statutes CHAPTER 75 - FIRE PROTECTION DISTRICTS 75.460 Payment by insurance company of property owner's bill from fire department -- Property owner's responsibility.
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75.460
Payment by insurance company of property owner's bill from fire
department -- Property owner's responsibility.
(1)
(2)
(3)
(4)
(5)
If a property owner who is not a member or subscriber of the fire department which
charges membership or subscriber fees experiences a fire, incident, or emergency
that the department responds to, he may provide his insurance company with the
billing statement from the fire department.
All insurance companies paying a claim pursuant to subsection one (1) of this
section shall make payment of the stated charge for service in the following manner:
(a) The insurance company may make the check or draft payable to both the
affected property owner and the affected fire department; or
(b) The insurance company may make the check or draft payable solely to the
affected fire department.
If an insurance company makes a claim check or draft payable both to the property
owner and the fire department, the property owner shall make payment to the fire
department within thirty (30) days of receipt of the check or draft. If the claim check
or draft is not sufficient to cover the charge levied by the fire department, the
property owner shall be responsible for payment of the balance to the fire
department.
A property owner who is not a member or subscriber of the fire department who
does not have fire insurance coverage shall be fully responsible for payment of all
charges levied by a fire department for services rendered in response to a fire,
incident, or emergency within thirty (30) days of the date of the response by the
department, or within thirty (30) days of the date of an arbitration award rendered
pursuant to KRS 75.450(2)(c). Payment to the fire department shall be in full,
unless a written agreement has been reached between the fire department and the
property owner to establish a payment schedule to satisfy all charges to the property
owner.
If payment for services rendered has not been received within sixty (60) days from
the date of response, or within thirty (30) days of the date of an arbitration award
rendered pursuant to KRS 75.450(2)(c), and if a payment schedule has not been
established, a fire department may proceed in small claims court or in other
appropriate court action to recover from the property owner all fees associated with
the response, including attorney fees and court costs.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 43, sec. 7, effective July 15, 1994.
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