GroundRules
← Search the law
Kentucky · Snapshot 09/05/2026

KRS 304.33-380: Special claims.

Read at publisher ↗
Where this section sits in the code

    (1) Claims contingent on judgments. The claim of a third party which is contingent

    only on his first obtaining a judgment against the insured shall be considered and

    allowed as if there were no such contingency.

    (2) Claims under terminated policies. Any claim that would have become absolute if

    there had been no termination of coverage under KRS 304.33 -120, and which was

    not covered by insurance acquired to replace the terminated coverage, shall be

    allowed as if the coverage had remained in effect, unless at lea st ten (10) days

    before the insured event occurred either the claimant had actual notice of the

    termination or notice was mailed to him as prescribed by subsection (1) of KRS

    304.33-250, or subsection (1) of KRS 304.33 -260. If allowed, the claim shall shar e

    in distributions under subsection (9) of KRS 304.33-430.

    (3) Other contingent claims. A claim may be allowed even if contingent, if it is filed in

    accordance with subsection (2) of KRS 304.33 -360. It may be allowed and may

    participate in all dividends de clared after it is filed, to the extent that it does not

    prejudice the orderly administration of the liquidation.

    (4) Immature claims. Claims that are due except for the passage of time shall be treated

    as absolute claims are treated, except that where justice requires the court may order

    them discounted at the legal rate of interest.

    (5) (a) Nothing in this section or any other section in this subtitle shall be construed

    as authorizing the receiver, or any other entity, to compel payment from a

    reinsurer o n the basis of estimated incurred but not reported losses or

    outstanding reserves.

    (b) Notwithstanding the provisions of this section or any other section of this

    subtitle to the contrary, the liquidator may negotiate a voluntary commutation

    and release of all obligations arising from reinsurance contracts or other

    agreements.

    Collected 2026-09-05T20:57:55Z. Source file · JSON

    Browse this collection