304.39-170 Assigned claims bureau and plan.
(1)
(2)
Reparation obligors providing basic reparation insurance in this Commonwealth
may organize and maintain, subject to approval and regulation by the commissioner
of insurance, an assigned claims bureau and an assigned claims plan and adopt rules
for their operation and for assessment of costs on a fair and equitable basis
consistent with this subtitle. If they do not organize and continuously maintain an
assigned claims bureau and an assigned claims plan in a manner considered by the
commissioner of insurance to be consistent with this subtitle, the commissioner
shall organize and maintain an assigned claims bureau and an assigned claims plan.
Each reparation obligor providing basic reparation insurance in this Commonwealth
shall participate in the assigned claims bureau and the assigned claims plan. Costs
incurred shall be allocated fairly and equitably among the reparation obligors.
The assigned claims bureau shall promptly assign each claim and notify the
claimant of the identity and address of the assignee of the claim. Claims shall be
assigned so as to minimize inconvenience to claimants. The assignee thereafter has
rights and obligations as if he or she had issued a policy of basic reparation
insurance complying with this subtitle applicable to the injury or, in case of
financial inability of a reparation obligor to perform its obligations, as if the
assignee had written the applicable basic reparation insurance, undertaken the selfinsurance, or lawfully obligated itself to pay reparation benefits.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1530, effective July 15, 2010. -- Created
1974 Ky. Acts ch. 385, sec. 17, effective July 1, 1975.
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