{"data":{"id":"us-ky/krs-304.33-270","jurisdiction":"us-ky","citation":"KRS 304.33-270","heading":"Actions by and against liquidator.","body":"(1) Termination of actions against insurer by order appointing liquidator. Upon\nissuance of any order appointing the commissioner liquidator of a domestic insurer\nor of an alien insurer domiciled in this state, no actions may be instituted against the\ninsurer or the liquidator without approval of the court and all actions and all\nproceedings against the insurer whether in this state or elsewhere shall be abated\nand the liquidator shall not intervene in them, except as provided in this subsection.\nWhenever in th e liquidator's judgment an action in this state has proceeded to a\npoint where fairness or convenience would be served by its continuation to\njudgment, he or she may apply to the court for leave to defend or to be substituted\nfor the insurer, and if the court gives him or her leave, the action shall not be abated.\nWhenever in the liquidator's judgment, protection of the estate of the insurer\nnecessitates intervention in an action against the insurer that is pending outside this\nstate, with approval of the c ourt the liquidator may intervene in the action. The\nliquidator may defend any action in which he or she intervenes under this section at\nthe expense of the estate of the insurer.\n(2) Statute of limitations on claims by insurer. The liquidator may, within two (2) years\nsubsequent to the entry of an order for liquidation or within such further time as\napplicable law permits, institute an action or proceeding on behalf of the estate of\nthe insurer upon any cause of action against which the period of limitatio n fixed by\napplicable law has not expired at the time of the filing of the petition upon which\nsuch order is entered. Where, by any agreement, a period of limitation is fixed for\ninstituting a suit or proceeding upon any claim or for filing any claim, proo f of\nclaim, proof of loss, demand, notice or the like, or where in any proceeding, judicial\nor otherwise, a period of limitation is fixed, either in the proceeding or by\napplicable law, for taking any action, filing any claim or pleading or doing any act,\nand where in any such case the period had not expired at the date of the filing of the\npetition, the liquidator may, for the benefit of the estate, take any such action or do\nany such act, required of or permitted to the insurer, within a period of sixty ( 60)\ndays subsequent to the entry of an order for liquidation, or within such further\nperiod as is permitted by the agreement, or in the proceeding or by applicable law,\nor within such further period as is shown to the satisfaction of the court not to be\nunfairly prejudicial to the other party.\n(3) Statutes of limitations on claims against insurer. The time between the filing of a\npetition for liquidation against an insurer and the denial of the petition shall not be\nconsidered to be a part of the time withi n which any action may be commenced\nagainst the insurer. Any action against the insurer that might have been commenced\nwhen the petition was filed may be commenced for at least sixty (60) days after the\npetition is denied.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=29846","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:54Z","sha256":"0733f743b88976db59d4dc4baee1483bccf28486a0c4a1b9217c81e830173afd","source_id":"us-ky","stale":false,"prev":"us-ky/krs-304.33-260","next":"us-ky/krs-304.33-280"},"notice":"GroundRules: Original legal text. Not legal advice."}