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304.39-070 "Secured person" -- Obligor's rights to recovery.
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"Secured person" means the owner, operator or occupant of a secured motor
vehicle, and any other person or organization legally responsible for the acts or
omissions of such owner, operator or occupant.
A reparation obligor which has paid or may become obligated to pay basic
reparation benefits shall be subrogated to the extent of its obligations to all of
the rights of the person suffering the injury against any person or organization
other than a secured person.
A reparation obligor shall have the right to recover basic reparation benefits
paid to or for the benefit of a person suffering the injury from the reparation
obligor of a secured person as provided in this subsection, except as provided
in KRS 304.39-140(3). The reparation obligor shall elect to assert its claim (i)
by joining as a party in an action that may be commenced by the person
suffering the injury, or (ii) to reimbursement, pursuant to KRS 304.39-030, sixty
(60) days after said claim has been presented to the reparation obligor of
secured persons. The right to recover basic reparation benefits paid under (ii)
shall be limited to those instances established as applicable by the Kentucky
Insurance Arbitration Association as provided in KRS 304.39-290.
Any entitlement to recovery for basic or added reparation benefits paid or to be
paid by the subrogee shall in no event exceed the limits of automobile bodily
injury liability coverage available to the secured party after priority of
entitlement as provided in this section and KRS 304.39-140(3) has been
satisfied.
An attorney representing a secured person in any action filed under KRS
304.39-060 shall be entitled to a reasonable attorneys' fee in the event that
reparation benefits paid to said secured person by that secured person's
reparation's obligor are reimbursed by any insurance carrier on behalf of a
tortfeasor who is the defendant in any such action filed by the said secured
person or in the event such potential "action" is settled by said potential
tortfeasor's insurance carrier on his behalf prior to the filing of any such suit.
Effective:June 17, 1978
History: Amended 1978 Ky. Acts ch. 215, sec. 4, effective June 17, 1978; and
ch. 384, sec. 104, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 385,
sec. 7, effective July 1, 1975.
Legislative Research Commission Note. This section was amended by two 1978
acts which do not appear to be in conflict and have been compiled together.
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