2014 Kentucky Revised Statutes CHAPTER 304 - INSURANCE CODE Subtitle 35 - FAIR Plan and Reinsurance Association 35.35-030 Requirements of plan and authority of association.
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304.35-030 Requirements of plan and authority of association.
(1)
(2)
The "FAIR" plan and articles of association shall make provision for a
reinsurance association having authority on behalf of its members as their
agent to cause to be issued property and casualty insurance policies, to
reinsure in whole or in part any such policies, and to cede any such
reinsurance. The plan and articles of association shall provide, among other
things, for the lines of business to be written, policy forms to be used, perils to
be covered, geographical area of coverage, compensation and commissions,
assessments of members (which assessments annually shall not exceed one
percent (1%) of any such member's net direct premium written on a voluntary
basis in this state during the preceding year), participation in the writings,
expenses, income, and losses in the proportion each member's property and
casualty premiums written bear to the aggregate property and casualty
premiums voluntarily written by all members, the administration of the plan and
association, and any other matter necessary or convenient for the purpose of
assuring fair access to insurance requirements.
If the commissioner, in the fulfillment of the duties imposed on him or her by
KRS 304.13-041, determines that a reasonable degree of competition does not
exist in the market for any lines of insurance, within the definitions of KRS
304.5-050 (property insurance) and KRS 304.5-070 (casualty insurance), or
either of them, and issues an order to that effect, the commissioner shall order
the governing committee to promptly amend the plan to include such line or
lines of business unless, in the commissioner's opinion, an effective residual
market mechanism as defined in KRS 304.13-011(8) is already then
functioning to provide basic insurance requirements to worthy applicants for
reasonable amounts of coverage under such line or lines of insurance with
insurers licensed to do business in this state. For accounting and rate-making
purposes, the commissioner may require the plan to provide for the
establishment and maintenance of separate accounts for any line included in
the plan pursuant to this section.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1460, effective July 15, 2010. -Amended 1990 Ky. Acts ch. 260, sec. 1, effective July 13, 1990. -- Amended
1988 Ky. Acts ch. 225, sec. 3, effective July 15, 1988. -- Amended 1986 Ky.
Acts ch. 314, sec. 3, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 167,
sec. 13, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 359, sec. 3,
effective July 15, 1980. -- Created 1972 Ky. Acts ch. 65, sec. 3, effective June
16, 1972.
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