KRS 304.36-085: Stay of proceedings involving insolvent insurer -- Defense by
Where this section sits in the code
association -- Association permitted to apply to vacate judgment based on
default of insolvent insurer.
All proceedings in which the insolvent insurer is a party or is obligated to defen d a party
in any court in this state shall, subject to waiver by the association in specific cases
involving covered claims, be stayed for six (6) months and any additional time that may
be determined by the court from the date that the insolvency is deter mined or an ancillary
proceeding is instituted in the state, whichever is later, to permit proper defense by the
association of all pending causes of action. As to covered claims arising from a judgment
under decision, verdict, or finding based on the defa ult of the insolvent insurer or its
failure to defend an insured, the association, either on its own behalf or on behalf of an
insured, may apply to have the judgment, order, decision, verdict, or finding vacated or
set aside and shall be permitted to defend the claim on its merits.
Collected 2026-09-05T20:57:55Z. Source file · JSON