2014 Kentucky Revised Statutes
CHAPTER 75 - FIRE PROTECTION DISTRICTS
75.460 Payment by insurance company of property owner's bill from fire department -- Property owner's responsibility.
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<![CDATA[75.460 Payment by insurance company of property owner's bill from fire
department -- Property owner's responsibility.
(1)
(2)
(3)
(4)
(5)
If a property owner who is not a member or subscriber of the fire department
which charges membership or subscriber fees experiences a fire, incident, or
emergency that the department responds to, he may provide his insurance
company with the billing statement from the fire department.
All insurance companies paying a claim pursuant to subsection one (1) of this
section shall make payment of the stated charge for service in the following
manner:
(a) The insurance company may make the check or draft payable to both the
affected property owner and the affected fire department; or
(b) The insurance company may make the check or draft payable solely to
the affected fire department.
If an insurance company makes a claim check or draft payable both to the
property owner and the fire department, the property owner shall make
payment to the fire department within thirty (30) days of receipt of the check or
draft. If the claim check or draft is not sufficient to cover the charge levied by
the fire department, the property owner shall be responsible for payment of the
balance to the fire department.
A property owner who is not a member or subscriber of the fire department
who does not have fire insurance coverage shall be fully responsible for
payment of all charges levied by a fire department for services rendered in
response to a fire, incident, or emergency within thirty (30) days of the date of
the response by the department, or within thirty (30) days of the date of an
arbitration award rendered pursuant to KRS 75.450(2)(c). Payment to the fire
department shall be in full, unless a written agreement has been reached
between the fire department and the property owner to establish a payment
schedule to satisfy all charges to the property owner.
If payment for services rendered has not been received within sixty (60) days
from the date of response, or within thirty (30) days of the date of an arbitration
award rendered pursuant to KRS 75.450(2)(c), and if a payment schedule has
not been established, a fire department may proceed in small claims court or in
other appropriate court action to recover from the property owner all fees
associated with the response, including attorney fees and court costs.
Effective:July 15, 1994
History: Created 1994 Ky. Acts ch. 43, sec. 7, effective July 15, 1994.
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