There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
Subtitle 45. Product Liability Risk Retention Groups
304.45.070 Requirements and prohibitions for risk retention and purchasing groups.
Download pdfshall any risk retention group, its insureds, or claimants against its insureds
receive any benefit from any such fund for claims arising under insurance
policies issued by such risk retention group; and (b) Shall participate in this state's joint underwriting associations and mandatory liability pools as provided by this chapter. (2) A purchasing group: (a) Which obtains insurance covering its members' risks from an authorized insurer shall have Kentucky Insurance Guaranty Association coverage only for
risks resident or located in this state; (b) Which obtains insurance covering its members' risks from an insurer not authorized in this state or a risk retention group shall not have any Kentucky
Insurance Guaranty Association coverage for such risks, wherever resident or
located; (c) Shall not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing
group is located, unless the purchase is effected through a person holding the
appropriate license pursuant to the insurance agent, insurance broker, or
surplus lines laws and regulations of such state; (d) Shall not offer insurance policy coverage prohibited by statute or regulation or declared unlawful by the highest court of this state; (e) Shall not purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole, but may provide for a deductible
or self-insured retention applicable to individual members; and (f) Is subject to the same standards regarding aggregate limits which are applicable to all purchases of group insurance. Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 165, sec. 7, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 308, sec. 7, effective July 15, 1986.
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