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304.3-100 Name of insurer.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
No insurer shall be formed or authorized to transact insurance in this state
which has or uses a name which is the same as or deceptively similar to that of
another insurer already so authorized, without the written consent of such other
insurer.
No life insurer shall be so authorized which has or uses a name deceptively
similar to that of another insurer authorized to transact insurance in this state
within the preceding ten (10) years if life insurance policies originally issued by
such other insurer are still outstanding in this state, without the written consent
of such insurer.
No insurer shall be formed or authorized to transact insurance in this state
which has or uses a name the same as or deceptively similar to the name of
any foreign insurer not so authorized if such foreign insurer has within the next
preceding twelve (12) months signified its intention to secure an incorporation
in this state under such name, or to do business as a foreign insurer in this
state under such name, by filing notice of such intention with the commissioner,
unless the written consent to the use of such name or deceptively similar name
has been given by such foreign insurer.
No foreign insurer seeking admission to this state shall be authorized to
transact insurance in this state which has or uses a name the same as or
deceptively similar to that of a domestic corporation which has been
incorporated as an insurer but has not yet secured a certificate of authority,
until the expiration of three (3) years from the date of incorporation of such
domestic corporation.
No insurer shall be so authorized which has or uses a name which tends to
deceive or mislead as to the type of organization of the insurer.
In case of conflict of names between two (2) insurers, or a conflict otherwise
prohibited under this section, the commissioner may, after notice to the other
insurer, permit (or may require as a condition to the issuance of an original
certificate of authority to an applicant insurer) the insurer to use in this state
such supplementation or modification of its name or such business name as
may reasonably be necessary to avoid the conflict.
Except as provided in subsection (6) of this section, an insurer shall conduct its
business in the name under which the certificate of authority was issued.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 961, effective July 15, 2010. -Created 1970 Ky. Acts ch. 301, subtit. 3, sec. 10, effective June 18, 1970.
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