KRS 304.33-250: Notice to creditors and others.

(1) (a) Notice required; General requirements. The liquidator shall give notice of the

liquidation order as soon as possible by first -class mail and either by telegram

or telephone to the insurance commissioner of each jurisdiction in which the

insurer is licensed to do business, by first -class mail and by telephone to the

commissioner of the Department of Workers' Claims of this state if the insurer

is or has been an insurer of workers' compensation, by first -class mail to all

insurance agents having a duty under KRS 304.33-260, and by first-class mail

at the last known address to all persons known or reasonably expected to have

claims against the insurer, including all policyholders. He or she also shall

publish a notice, under KRS Chapter 424, in a newspaper of g eneral

circulation in the county in which the liquidation is pending and in Franklin

County, the last publication to be not less than three (3) months before the

earliest deadline specified in the notice under subsection (2) of this section.

(b) Special requirements. Notice to agents shall inform them of their duties under

KRS 304.33-260 and inform them what information they must communicate

to insureds. Notice to policyholders shall include notice of impairment and

termination of coverage under KRS 304.33 -210. When it is applicable, notice

to policyholders shall include:

1. Notice of withdrawal of the insurer from the defense of any case in

which the insured is interested; and

2. Notice of the right to file a claim under subsection (2) of KRS 304.33 -

390.

(c) Notice under subsection (1)(a) of this section to agents of the insurer and to

potential claimants who are policyholders or insureds shall include, where

applicable, notice that guaranty association or foreign guaranty association

coverage may be availab le for all or part of certain claims, and that

policyholders or certificate holders may be entitled to continuation of

coverage through the guaranty association. The notice shall also include as an

insert a separate notice from any guaranty association or foreign guaranty

association obligated to provide coverage, if the notice is made available to

the liquidator on a timely basis.

(d) Reports and further notice. Within fifteen (15) days of the date of entry of the

order, the liquidator shall report to the court what notice has been given. The

court may order such additional notice as it deems appropriate.

(2) Notice respecting claims filing. Except as otherwise established by the liquidator

with approval of the court, notice to potential claimants under sub section (1) of this

section shall require claimants to file with the liquidator their claims together with

proper proofs thereof under KRS 304.33 -370, on or before a date the liquidator

specifies in the notice, which shall be not less than six (6) months n or more than a

reasonable time specified in the court's order, except that the liquidator need not

require persons claiming unearned premium and persons claiming cash surrender

values or other investment values in life insurance and annuities to file a cla im. The

liquidator may specify different dates for the filing of different kinds of claims.

(3) Notice conclusive. If notice is given in accordance with this section, all persons to

whom this notice is directed shall be bound by the terms and provisions of the

liquidation order and all further orders and notices similarly served on them, and the

distribution of the assets of the insurer under this subtitle shall be conclusive with

respect to all claimants, whether or not they received notice.