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KRS 304.33-150

Rehabilitation orders

Known as the Insurers Rehabilitation and Liquidation Law

The act spans §§ 304.33-010 to 304.33-600 (68 sections).

Applied in 1 court decision — leading case Kentucky Central Life Insurance Co. ex rel. Stephens v. Park Broadcasting of Kentucky, Inc. (1996)

Most recently applied in Kentucky Central Life Insurance Co. ex rel. Stephens v. Park Broadcasting of Kentucky, Inc. (January 1996)

Effective: July 15, 2010 History: Amended 2010 Ky

(1) Appointment of rehabilitator. An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in this state, shall appoint the commissioner and his or her successors in office rehabilitator and shall direct the rehabilitator forthwith to take possession of the assets of the insurer and to administer them under the orders of the court. The filing or recording of the order with any county clerk in the state shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that county clerk.

(2) Any order issued under this section shall require accountings to the court by the rehabilitator. Accountings shall be at such intervals as the court specifies in its order, but no less frequently than semiannually. Each accounting shall include a report concerning the rehabilitator's opinion as to the likelihood that a plan under KRS 304.33-160(5) will be prepared by the rehabilitator and the timetable for doing so.

(3) Anticipatory breach. Entry of an order of rehabilitation shall not constitute an anticipatory breach of any contracts of the insurer, and it shall not be grounds for revocation or cancellation of any contracts of the insurer.

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