2014 Kentucky Revised Statutes CHAPTER 304 - INSURANCE CODE Subtitle 13 - Rates and Rating Organizations 13.13-161 Review of application of rating system to an insured -- Appeal to commissioner -- Notification of review rights to workers' compensation insureds.
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304.13-161 Review of application of rating system to an insured -- Appeal to
commissioner -- Notification of review rights to workers' compensation
insureds.
(1)
(2)
(3)
Every insurer or advisory organization shall provide within this state reasonable
means whereby any person aggrieved by the application of its rating system
may be heard on written request to review the manner in which the rating
system has been applied. If the insurer or advisory organization grants the
request, the review shall be conducted within ninety (90) days of receiving the
request. If the insurer or advisory organization fails to grant or rejects a request
within thirty (30) days, the aggrieved person may proceed in the same manner
as if the review produced no change in the application of the rate.
Any party affected by the action made on the request for review may within
thirty (30) days of written notice of action appeal to the commissioner for further
review of the application of the rating system. The commissioner shall hold a
hearing in accordance with KRS Chapter 13B on a showing of good cause.
The commissioner may after the hearing issue a final order affirming,
modifying, or reversing the action of the insurer or advisory organization.
For workers' compensation coverage, each insurer or agent shall notify in
writing each insured at the time a workers' compensation insurance policy is
issued or renewed on or after May 1, 1997, of the insured's rights afforded by
this section. The written notice required in this subsection shall apply only to
workers' compensation insurers and shall be provided in the manner and
format prescribed through administrative regulations promulgated by the
commissioner.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1131, effective July 15, 2010. -Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 51, effective December
12, 1996. -- Amended 1996 Ky. Acts ch. 318, sec. 234, effective July 15, 1996.
-- Created 1982 Ky. Acts ch. 278, sec. 15, effective July 15, 1982.
Legislative Research Commission Note (12/12/96). In 1996 (1st Extra. Sess.) Ky.
Acts ch. 1, sec. 51, a comma appeared after the word "issued" in the phrase "is
issued or renewed on or after May 1, 1997," in subsection (3) of this statute. At
other places where this same phrase appears in the Act, no comma appears at
this point. See KRS 304.13-053(2) (sec. 49 of the Act) and 304.13-415(3) (sec.
52 of the Act). On its face, the result that would be caused by retaining this
comma is illogical, and those involved in drafting this language have indicated
that this result was not intended. It is a fundamental canon of construction "that
the legislature [does] not intend an absurd result." Commonwealth, Central State
Hospital v. Gray, Ky., 880 S.W.2d 557, 559 (1994); see also George v. Alcoholic
Beverage Control Board, Ky., 421 S.W.2d 569 (1967). For these reasons, the
specified comma in this statute has been omitted in codification as a manifest
clerical or typographical error under KRS 7.136(1)(h).
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