KRS 304.45-110: Group subject to unfair claims and settlement practices laws and

regulations -- Commissioner to enforce.

(1) A risk retention group doing business in this state shall be subject to all applicable

unfair claims settlement practices laws and regulati ons as provided in KRS 304.3 -

200, 304.12-220, and 304.12-230.

(2) The commissioner is authorized to make use of any of the powers established under

the insurance statutes and regulations of this state to enforce the laws of this state so

long as those powe rs are not specifically preempted by the Product Liability Risk

Retention Act of 1981 (P.L. 97 -45) and the Liability Risk Retention Act of 1986

(P.L. 99-563), 15 U.S.C. secs. 3901 et seq. This includes, but is not limited to, the

commissioner's administrat ive authority to investigate, issue subpoenas, conduct

depositions and hearings, issue orders, and impose penalties. Without regard to any

investigation, administrative proceedings, or litigation, the commissioner can rely

on the procedural law and regulat ions of the state. The injunctive authority of the

commissioner in regard to risk retention groups is restricted by the requirement that

any injunction be issued by a court of competent jurisdiction.