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304.33-070 Cooperation of officers and employees.
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Duty to cooperate. Any officer, manager, trustee, or agent of any insurer, and
any other person with executive authority over or in charge of any segment of
the insurer's affairs or in possession of property to which the commissioner has
a claim shall cooperate with the commissioner, or anyone acting on behalf of
the commissioner, in any delinquency proceeding. "To cooperate" includes but
is not limited to the following:
(a) To reply promptly in writing to any inquiry from the commissioner
requesting such a reply; and
(b) To make available and deliver to the commissioner any books, accounts,
documents, or other records, or information or property of or pertaining to
the insurer and in his or her possession, custody, or control.
Duty not to obstruct. No person shall obstruct or interfere with the
commissioner in the conduct of any delinquency proceeding.
Any person who fails to cooperate with or obstructs the efforts of the
commissioner in the conduct of any delinquency proceeding shall have denied
any claims the person has filed pursuant to KRS 304.33-360 and shall also be
subject to such other sanctions as the court may impose.
Right to defend. This section shall not render it illegal to resist by legal
proceedings the petition for liquidation or other delinquency proceedings, or
other orders.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1431, effective July 15, 2010. -Amended 1990 Ky. Acts ch. 422, sec. 7, effective July 13, 1990. -- Created 1970
Ky. Acts ch. 301, subtit. 33, sec. 7, effective June 18, 1970.
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