KRS 304.39-070: "Secured person" -- Obligor's rights to recovery.

(1) "Secured person" means the owner, operator or occupant of a secured motor

vehicle, and any other person or organization legally responsible for the acts or

omissions of such owner, operator or occupant.

(2) A reparation obligor which has paid or may becom e obligated to pay basic

reparation benefits shall be subrogated to the extent of its obligations to all of the

rights of the person suffering the injury against any person or organization other

than a secured person.

(3) A reparation obligor shall have t he right to recover basic reparation benefits paid to

or for the benefit of a person suffering the injury from the reparation obligor of a

secured person as provided in this subsection, except as provided in KRS 304.39 -

140(3). The reparation obligor shall elect to assert its claim (i) by joining as a party

in an action that may be commenced by the person suffering the injury, or (ii) to

reimbursement, pursuant to KRS 304.39 -030, sixty (60) days after said claim has

been presented to the reparation obligor o f secured persons. The right to recover

basic reparation benefits paid under (ii) shall be limited to those instances

established as applicable by the Kentucky Insurance Arbitration Association as

provided in KRS 304.39-290.

(4) Any entitlement to recovery for basic or added reparation benefits paid or to be paid

by the subrogee shall in no event exceed the limits of automobile bodily injury

liability coverage available to the secured party after priority of entitlement as

provided in this section and KRS 304.39-140(3) has been satisfied.

(5) An attorney representing a secured person in any action filed under KRS 304.39 -

060 shall be entitled to a reasonable attorneys' fee in the event that reparation

benefits paid to said secured person by that secured per son's reparation's obligor are

reimbursed by any insurance carrier on behalf of a tortfeasor who is the defendant in

any such action filed by the said secured person or in the event such potential

"action" is settled by said potential tortfeasor's insuranc e carrier on his behalf prior

to the filing of any such suit.