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KRS 304.3-180

Continuance, expiration, and reinstatement of certificate of authority -- Preparation of audited financial statements

Known as the Controlling Agents Act

The act spans §§ 304.3-010 to 304.3-768 (79 sections).

Applied in 1 court decision — leading case Pie Mutual Insurance Co. v. Kentucky Medical Insurance Co. (1990)

Most recently applied in Pie Mutual Insurance Co. v. Kentucky Medical Insurance Co. (January 1990)

Effective: July 12, 2012 History: Amended 2012 Ky

(1) A certificate of authority shall continue in force as long as the insurer is entitled thereto under this code, and until suspended or revoked by the commissioner or terminated at the insurer's request; subject, however, to continuance of the certificate by the insurer each year by:

(a) Payment of the continuation fee provided in Subtitle 4 by March 1, or, if paid by mail, postmarked no later than March 1;

(b) Due filing by the insurer of its annual statement for the next preceding calendar year as required by KRS 304.3-240;

(c) Payment by the insurer of premium taxes with respect to the preceding calendar year; and (d) Due filing by domestic companies of quarterly statements as ordered by the commissioner.

(2) If not so continued by the insurer, its certificate of authority shall expire at midnight on the April 30 next following the failure of the insurer to continue it in force, unless earlier revoked for failure to pay taxes as provided in KRS 304.4-040. The commissioner shall promptly notify the insurer of the occurrence of any failure resulting in impending expiration of its certificate of authority.

(3) The commissioner may, in his or her discretion, upon the insurer's request made within three (3) months after expiration, reinstate a certificate of authority which the insurer has inadvertently permitted to expire, after the insurer has fully cured all its failures which resulted in the expiration and paid the fine as set forth in KRS 304.99-154. Otherwise the insurer shall be granted another certificate of authority only after filing application therefor and meeting all other requirements as for an original certificate of authority in this state.

(4) Beginning with the statutory audits for the year 2010, an insurer shall not use the same lead or coordinating partner of an accounting firm responsible for preparing the audited financial statement for more than five (5) consecutive years.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.