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304.48-240 Prohibited activities.
(1)
(2)
(3)
No person shall make any deceptive statement or omit material facts in connection
with solicitation for membership in a liability self-insurance group.
Liability self-insurance groups shall not engage in unfair claims settlement practices
and shall:
(a) Respond to claimant inquiries within fifteen (15) working days.
(b) Respond to Department of Insurance inquiries concerning claims within
fifteen (15) working days.
(c) Complete the investigation of losses within thirty (30) days from the date the
group has notice of a loss. An additional thirty (30) day period may be taken if
reasonably necessary and upon written notice to the claimant.
(d) Not continue negotiations for settlement of a claim directly with a claimant
who is neither an attorney nor represented by an attorney until the claimant's
rights may be affected by a statute of limitations, a policy, or contract time
limit without giving the claimant written notice at least sixty (60) days before
the date on which the time limit shall expire and affect the claimant's rights.
(e) Not commit any other unfair or deceptive act or practice, as described in
Subtitle 12 of this chapter, relating to claim settlement.
Liability self-insurance groups shall not commit unfair or deceptive acts or
practices, as described in Subtitle 12 of this chapter, under its certificate of filing
from the commissioner.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1603, effective July 15, 2010; and ch. 48,
sec. 6, effective July 15, 2010. -- Created 1994 Ky. Acts ch. 358, sec. 24, effective
July 15, 1994.
Legislative Research Commission Note (7/15/2010). This section was amended by
2010 Ky. Acts chs. 24 and 48, which do not appear to be in conflict and have been
codified together.
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