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304.39-170 Assigned claims bureau and plan.
(1)
(2)
Reparation obligors providing basic reparation insurance in this
Commonwealth may organize and maintain, subject to approval and regulation
by the commissioner of insurance, an assigned claims bureau and an assigned
claims plan and adopt rules for their operation and for assessment of costs on
a fair and equitable basis consistent with this subtitle. If they do not organize
and continuously maintain an assigned claims bureau and an assigned claims
plan in a manner considered by the commissioner of insurance to be consistent
with this subtitle, the commissioner shall organize and maintain an assigned
claims bureau and an assigned claims plan. Each reparation obligor providing
basic reparation insurance in this Commonwealth shall participate in the
assigned claims bureau and the assigned claims plan. Costs incurred shall be
allocated fairly and equitably among the reparation obligors.
The assigned claims bureau shall promptly assign each claim and notify the
claimant of the identity and address of the assignee of the claim. Claims shall
be assigned so as to minimize inconvenience to claimants. The assignee
thereafter has rights and obligations as if he or she had issued a policy of basic
reparation insurance complying with this subtitle applicable to the injury or, in
case of financial inability of a reparation obligor to perform its obligations, as if
the assignee had written the applicable basic reparation insurance, undertaken
the self-insurance, or lawfully obligated itself to pay reparation benefits.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1530, effective July 15, 2010. -Created 1974 Ky. Acts ch. 385, sec. 17, effective July 1, 1975.
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